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Trademark Blog



Trademark and copyright litigation and counseling



Last Build Date: Fri, 27 Oct 2017 16:50:33 +0000

 



Whether a Requirement to Bake a Wedding Cake Should be Viewed as a ‘Speech Compulsion’ – amicus brief in Masterpiece Cakeshop (Gay wedding cake case)

Fri, 27 Oct 2017 16:50:33 +0000

Amicus brief by Professors Eugene Volokh and Dale Carpenter in Masterpiece Cakeshop (the gay wedding cake case). Question presented: Whether a requirement to bake a wedding cake should be viewed as a “speech compulsion” akin to a requirement to write, sing, paint, or photograph.



Recent Trademark-Related Tweets

Tue, 17 Oct 2017 18:17:53 +0000

Too Hot to Handle: Application to registerteardrop handle@LodgeCastIron(used since 1896)https://t.co/ftSSxc4NEz#trademarks pic.twitter.com/jwI3OrR2zG — Ed Timberlake (@TimberlakeLaw) October 16, 2017 Reading the appellate briefs in #BlurredLines case, and see Thicke's lawyers did not file FRCP 50(a) JMOL motion. Could that have been /1 — Lee Gesmer (@gesmer) October 17, 2017 TM use in ad text and on […]



Text of SDNY Decision in GRINCH Parody Suit

Mon, 16 Oct 2017 19:25:32 +0000

I apologize for being a little tardy in my blogging. From September: SDNY holds that WHO’S HOLIDAY, a play picking up the story of Cindy-Lou Who from “The Grinch Who Stole Christmas, as an unhappy adult living in a trailer, is a lawful parody. Favorite passage:



Guinness Book of World Records v Scholastic: Is The Cover of a Book ‘Packaging’ or ‘Product’ for Trade Dress Purposes?

Mon, 16 Oct 2017 18:44:39 +0000

This should be interesting. Guinness Book of World Records sues Scholastic alleging trade dress infringement of its covers (See covers above). Guinness argues that the cover ‘is in essence the “packaging” of GWR’s product . . . thus, GWR is not required to demonstrate the existence of secondary meaning.’ (see pages 5-6). The memo of […]



Ticketmaster v Ticket Bots: Bots Chew Gum and Keep Talking During Performances

Tue, 03 Oct 2017 18:02:16 +0000

Ticketmaster v Prestige Entertainment, et. al., CD Cal, complaint filed yesterday: Ticketmaster sells tickets online using its website and mobile apps. Its terms of use prohibits bots (software scripts designed to run tasks ‘at a far higher rate than would be possible for a human alone.’ It uses various methods to prohibit the use of […]



Text of Complaint in The Honest Company v Honest Herbal

Thu, 28 Sep 2017 15:48:15 +0000

The Honest Company, founded by Jessica Alba, sues re use of HONEST HERBAL for various products.



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 […]