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Trademark Blog

Trademark and copyright litigation and counseling

Last Build Date: Fri, 19 Jan 2018 19:00:16 +0000


SDNY Asked To Explore Functionality of Sex Toys In Trade Dress Case

Fri, 19 Jan 2018 18:55:12 +0000

Plaintiff has sold the b-Vibe Rimming Plug device since the summer of 2017. It alleges that its plug, the remote control, the charger and the case are all “uniquely designed” and it claims trade dress therein (See exhibit A below). Defendant has offered for sale the XR Rimmer since January 8. Plaintiff alleges that defendant’s […]

MJX Asset Manangement v MJX for Exchange Traded Cannabis Stock Fund

Tue, 16 Jan 2018 17:22:28 +0000

Plaintiff MJX Asset Management manages ‘structured investment funds.’ Defendant ETFMG created an exchanged traded fund (ETF) specializing in stocks in the cannabis business, sold under the ticker symbol MJX and promoted at

Graspability of Knobs Considered In Sixth Circuit Trade Dress (Leapers v Sun Optics)

Fri, 12 Jan 2018 17:43:48 +0000

Leapers manufactures adjustable rifle scopes. A terminated manufacturing partner continued to make scopes similar in appearance to those of Leapers. Leapers sued, alleging infringement of its trade dress in the knurling (or texturing) of the knobs in its scopes. The exhibit to its complaint showing many side-by-sides is reproduced below. This is one of its […]

Delta Sues for ‘Impersonation’

Thu, 11 Jan 2018 17:01:51 +0000

Delta sues discount flight aggregator, alleging that defendant impersonates Delta (see para 44 of complaint).

Text of LegalForce v LegalZoom Complaint re Unauthorized Practice of Law re Trademark Filing / Doc Prep Services

Thu, 21 Dec 2017 18:47:32 +0000

LegalForce RAPC is a law firm that is a large filer of trademark applications. It is wholly owned by Raj Abhyanker. LegalForce Inc. is a corporation that offers the TRADEMARKIA search service. LegalZoom offers automated legal document preparation services, including trademark application and preparation and filing. It provides access to an ‘independent network of attorneys’ […]

Bill Lee, Non-Trademark Use, and Bonus Video of Eephus Pitch

Mon, 18 Dec 2017 15:25:34 +0000

Bill Lee was a left-handed pitcher, most notably for the Red Sox during the 70’s, at a time when left-handers were the target of unthinking prejudice. As a fellow-left-hander, I always had a soft spot for him after his quote that left-handers are the only one in the their right minds (brain hemisphere dominance joke). […]

Online Service Providers: Register Your DMCA Agent By December 31 or Lose Your Safe Harbor

Tue, 12 Dec 2017 18:24:43 +0000

Pictured above: OSP Losing DMCA Safe Harbor Protection Off Nantucket, William Bradford, ca. 1860, courtesy Met Museum of Art. At the end of last year, the U.S. Copyright Office implemented a new online registration system for DMCA agent designations which replaces paper designations with online registration. At the end of this year, agent designations made […]

Amicus Brief by Walter Dellinger in Masterpiece Cakeshop

Tue, 05 Dec 2017 15:23:53 +0000

Amicus Brief by Walter Dellinger, signed by among others, Floyd Abrams and Kathleen Sullivan, in favor of the couple. Background here.

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) — 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 […]