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Trademark Blog

Trademark and copyright litigation and counseling

Last Build Date: Tue, 19 Sep 2017 14:50:53 +0000


Fish vs Fish

Tue, 19 Sep 2017 14:50:53 +0000

Fish IP Law firm seeks declaratory judgment against Fish and Richardson.

Cepeda v Hadid and IMG re Instagram Use of Photo

Mon, 11 Sep 2017 16:05:39 +0000

Photographer sues model, Gigi Hadid, for uploading copyrighted photo to her Instagram page. As an aside, note alteration of ADIDAS to HADID. Case was filed in ED of Virginia. Plaintiff’s lawyer is from there, and that’s pretty much it.

Engine Company 3, Ladder Company 12

Mon, 11 Sep 2017 14:40:56 +0000

When we lived in Chelsea, our local firehouse was Engine Co. 3, Ladder Co. 12. They would send firemen to visit our kids’ preschool. When we took the kids in the stroller by the firehouse, the firemen would let the kids climb on the firetrucks. On 9/11, Engine Co. 3, Ladder Co. 12 lost five […]

My Favorite Sentence From the Dr. Phil Fair Use Decision

Mon, 11 Sep 2017 14:36:17 +0000

See here for my prior post, including the text of the Dr Phil copyright fair use decision. Re-cap: defendant was suing TV’s Dr. Phil in state court for torts arising from his allegedly abusive behavior. In order to show that Dr. Phil is someone who shouts, defendant, a former employee, obtained access to archival footage […]

All of Nine Seconds: Text of Dr Phil Fair Use Decision

Fri, 08 Sep 2017 20:08:15 +0000

Former employee of TV’s Dr Phil brings a state suit alleging various torts (including infliction of emotional distress). Seeking to document his abusive behavior, the defendant uses her iPhone to copy nine seconds of Dr. Phil archival footage, showing Dr Phil (allegedly) behaving badly in another incident, and seeks to use the clip as evidence. […]

Text of Decision in Rawlings 5150 v Easton S150 For Bats

Wed, 06 Sep 2017 12:23:07 +0000

D Missouri: Easton S150 not confusingly similar to Rawlings 5150. Prominent use of house marks given great weight in finding.

JetMax Decision Part One – Work Made For Hire: Is Someone Coming Between ‘Employer’ and ‘Employee’?

Tue, 05 Sep 2017 18:04:06 +0000

Plaintiff Jetmax asserts copyright in ‘an ornamental light set comprised of a series of molded, decorative tear shaped covered lights with a wire frame over the covers.” Defendant Advance, “produced the allegedly infringing product., which ‘has a teardrop shaped plastic cover with eight sets of double grooves, as well as a decorative wire frame containing […]

Recent Tweets of Trademark Interest

Sun, 03 Sep 2017 14:23:39 +0000

monk's family sues over name/image used on brother thelonious belgian style abbey ale. cc @zahr_said & @linfordinfo — alexandra j. roberts (@lexlanham) September 1, 2017 [Eugene Volokh] Pseudonymous litigation, and alleged skulduggery in the world of romance novelists — Volokh Conspiracy (@VolokhC) September 1, 2017 Only 16% of people correctly recall […]

Is Renewal Considered Registration For Purposes of Cybersquatting?

Fri, 18 Aug 2017 16:33:07 +0000

This case, American Cruise Line v HMS American SteamBoat Queen, seems to suggest that it can be. I believe there are other cases that suggest otherwise (GoPets v. Hise).