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Trademark and copyright litigation and counseling

Last Build Date: Tue, 29 Nov 2016 19:43:43 +0000


Infographic Explaining Top Level Domain System

Tue, 29 Nov 2016 19:43:43 +0000

Infographic explaining top level domain name system, courtesy of SourceHosting Facts

In Rem Complaint re Conversion of

Tue, 29 Nov 2016 19:12:45 +0000

Plaintiffs owned Defendants allegedly hacked the admin info and substituted themselves as registrant (statement of facts begins at paragraph 13). They didn’t re-direct the site at first so Plaintiff’s website continued to resolve, and thus it didn’t learn of the hack at first. Now, plaintiff brings an in rem action, alleging rights in the […]

Rolex v

Mon, 28 Nov 2016 21:44:47 +0000

Rolex files complaint against for sales of ‘replica’ watches and ‘replica’ watch boxes.

Breaking: Chess Tournament Hot News Misappropriation Prelim Denied

Wed, 23 Nov 2016 18:19:03 +0000

Plaintiff organizes chess tournaments and webcasts them live. Defendant provides a live feed of the games displayed on a virtual chess board. Plaintiff alleged that Defendant’s actions constituted ‘hot news misappropriation’ under New York common law. See complaint below. Preliminary injunction denied (decision immediately below). The information that defendant publishes, including the players’ moves, consists […]

Copyright Complaint re Rug Designs, SDNY

Wed, 23 Nov 2016 15:44:43 +0000

Example of copyright complaint in the Southern District of New York concerning rug designs.

Fed Cir: Adizero v Add a Zero. 2 Sales In-state To Out of State Resident Constitutes Use in Commerce

Tue, 15 Nov 2016 18:16:14 +0000

Illinois Church sold, Illinois, two hats bearing mark to Wisconsin resident. Held: The two sales satisfies use in commerce. There is no de minimus standard, and of no moment that the out-of-state resident was in state when the purchase took place.

2d Cir: Is COLLECTIVE Descriptive for Data Analytic Software?

Fri, 11 Nov 2016 19:41:45 +0000

Cross Commerce Media v. Collective Inc., 15-782 (2d Cir Nov 7, 2016) Is the mark COLLECTIVE descriptive of ‘data-driven analytics software that helps business select effective marketing opportunities on multiple electronic platforms’ Discussion begins on page 11. Meat of discussion on page 14. How PTO practice affects the analysis on page 17. How third party […]

Heartland (Splenda) v Dunkin Donuts

Thu, 10 Nov 2016 20:41:50 +0000

Dunkin Donuts no longer carries SPLENDA-brand Sucralose, but carries a “Chinese” sucralose, also in yellow packets (imprinted with the DUNKIN DONUTS logo). Allegedly, customers were told that the sweetener in yellow packets was Splenda. When a customer asks for SPLENDA in their coffee, is that a ‘sale’ or is this alleged ‘post-sale confusion’? According to […]

Hyundai Files Grey Goods Suit in D Nevada

Mon, 07 Nov 2016 15:05:21 +0000

Hyundai sues non-US companies importing Hyundai-brand parts, alleging that the parts are materially different from parts intended for the US market due to physical differences and warranty differences. Physical differences are discussed in paragraphs 25 and 36 to 42. Warranty differences are discussed in paras 32, 33,44 and 45.

Text of 8th Cir decision in Warner Bros v X One X (A.V.E.L.A.) re Use of Movie Stills

Wed, 02 Nov 2016 16:00:31 +0000

AVELA, which specializes in merchandising public domain imagery, obtained publicity stills and the like, from classic movies such as ‘Gone With The Wind’ and ‘The Wizard of Oz.’ These materials were published without copyright notice, which, under the old Copyright Act of 1909, would strip those materials of protection (while the underlying works such as […]