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Trademark and copyright litigation and counseling

Last Build Date: Wed, 18 Jan 2017 20:21:48 +0000


Transcript of Oral Argument in In Re Tam

Wed, 18 Jan 2017 20:21:48 +0000

In Which I Help Light The World’s Largest Menorah ™

Thu, 12 Jan 2017 19:10:52 +0000

The Lubavitcher Youth Organization is a social services organization associated with Chabad, a Jewish Hasidic movement. Since 1977, it has organized the lighting of the World’s Largest Menorah ™ in Manhattan at 59th and Fifth. The menorah is 20 cubits tall. A cubit, as we all know, is a biblical unit of measure based on […]

$102, which includes $2 for Credit Cards vs. $102, with a $2 Discount for Cash – SCOTUS Oral Argument Transcript

Wed, 11 Jan 2017 19:08:46 +0000

From blog post by Jane Yakowitz frames the issue in Expressions Hair Design v. Schneiderman (heard yesterday by SCOTUS) as follows: Imagine an electronics store in New York needs to recoup $100 on the sale of a television. If the store owner labels the television with a sticker price of “$100 plus $2 for credit […]

Plaintiff Alleges Photo of Her Earned $2.2 Billion for Chipotle and Now She Wants That Money Back

Wed, 11 Jan 2017 16:55:24 +0000

A woman whose picture was taken in a Chipotle Restaurant, has sued Chipotle for displaying the photo without her authorization (and editing in a glass of alcohol in front of her). She seeks $750 in actual damages and another $2.2 billion in punitive damages. Blurry copy of photo seems to be Exhibit A of Complaint. […]

I’ve Come Here With A View To Asking You To Try Google Translate

Wed, 11 Jan 2017 16:22:05 +0000

I try to read all UDRP decisions in which complaints are rejected, but I have to skip two or three a week because they’re not in English. Today I came across the Spanish-language decision below in which Pernod’s complaint against the registrant for DOMECQ.WINE was rejected. I had read this NY Times article regarding rapid […]

Read This 2009 Letter From McConnell Regarding Confirmation Hearings

Sun, 08 Jan 2017 23:01:52 +0000

Republicans will attempt to hold 5 hearings for cabinet-nominees on Wednesday, even if their ethics reviews have not been completed. Read McConnell’s 2009 letter on his view regarding the confirmation process. Politico coverage here. Politifact commentary on McConnell letter here.

Decker Sues H&M Over UGG Bailey Button Trade Dress

Fri, 06 Jan 2017 20:49:14 +0000

Deckers, owners of the UGG trademark, sues H&M over sale of UGG Bailey Button boot. Prior Bailey button suits here. Definition of Bailey Button trade dress on page 5.

Lombardo v Seuss Enterprises – Fair Use of Grinch?

Fri, 30 Dec 2016 03:57:37 +0000

Playwright sues for damages after copyright complaint by Seuss estate results in cancelation of play. Plaintiff seeks declaration of non infringement (fair use), and damages from tortious interference. NY Times coverage here.

US Trade Representative Report on Notorious Markets (Bad Guy List)

Fri, 23 Dec 2016 17:35:31 +0000

From the introduction: The Office of the United States Trade Representative (USTR) has developed the List under the auspices of the annual Special 301 process. USTR solicited comments regarding potential markets to highlight in this year’s List through a Request for Public Comments published in the Federal Register (WWW.REGULATIONS.GOV, Docket Number USTR-2016-0013). The List is […]

Text of 2d Cir Summary Order Dismissing LV Claim re ‘My Other Bag’ Parody

Thu, 22 Dec 2016 19:12:57 +0000

2d Circuit dismisses LV infringement suit re MY OTHER BAG, canvas bag with photo of LV bag on one side, words ‘My Other Bar’ on the other side. Canvas bag is ‘conscious departure’ from LV bag. Text of lower court decision in LV v My Other Bag.