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Trademark and copyright litigation and counseling

Last Build Date: Fri, 24 Mar 2017 19:26:14 +0000


About Half Of This About Spuds MacKenzie Is True

Thu, 16 Mar 2017 18:00:52 +0000

Spuds McKenzie was a fictional dog character who appeared in Super Bowl commercials for BUD LIGHT in the late 80’s.  Trading on his reputation as The Original Party Animal, success came easy to Spuds and he reveled in the glamour and adulation.  But soon scandal caught up to him.  First, it was revealed that he […]

California: Is Mountain Mike’s Pizza Any Good?

Mon, 13 Mar 2017 14:16:19 +0000

A little unusual.  Mountain Mike’s Pizza is a pizza chain franchisor with over 150 locations, most of them in California.  Note defendant’s menu (above left) from Buena Park, California, and plaintiff’s (above right).  The signage is allegedly identical. You usually see allegations like this in a terminated franchisee or distributor fact pattern.  There are no allegations […]

Please Hold The Line For Information About Unwanted Telephone Calls

Mon, 13 Mar 2017 13:47:26 +0000

If you were  thinking of suing the next unsolicited telephone caller, embedded below is a complaint under the Telephone Consumer Protection Act. Information here about the Do Not Call Registry. Information here about the Telephone Consumer Protection Act. There is No Concept of Default Judgment in the UDRP, So Don’t Try This

Thu, 09 Mar 2017 23:09:02 +0000

KION Material Handling GmbH v. Kion Printing Inc., Case No. D2017-0025 Domain name registrant, Kion Printing of California, appears to have begun using the domain name KION.COM, around 2000 (the name was registered originally in 1996).  Kion seems to have used the name in connection with its printing business up to about 2010.  Presently, the […]

Do you think there are raspberries in a Chocolate Iced Raspberry Filled doughnut?

Mon, 06 Mar 2017 16:05:44 +0000

  Krispy Kreme’s Chocolate Iced Raspberry Filled doughnut (pictured above) does not contain actual raspberries.  Maple Ice Glazed and Maple Bar doughnuts do not contain maple syrup or maple sugar.  Glazed blueberry cake doughnut does not contain blueberries but contains ‘imitation blueberries’ that ‘highly resemble actual blueberries due to their round shape and blue color. […]

Complaint by Hospital for Special Surgery re HSS

Tue, 28 Feb 2017 21:00:28 +0000

‘Objective Baselessness’ Standard For Sham Exception For Noerr Pennington Doctrine As Applied To Trademark Demand Letter

Wed, 22 Feb 2017 20:45:12 +0000

  Silverhorse Racing makes aftermarket parts for the Ford Mustang GT, including a bezel shifter, which is a bezel that goes around the shifter.  It is not licensed by Ford.  Ford sent a demand letter to Silverhorse’s dealer.  In the resulting trademark suit, Silverhorse brings a counterclaim alleging tortious interference resulting from the demand letter. […]

adidas brings prelim against Puma in D Oregon

Wed, 22 Feb 2017 17:59:23 +0000


Topic Outline For My Trademark Talk Tomorrow at the Federal Bar Council

Tue, 14 Feb 2017 15:31:20 +0000

Here is the topic outline for my “trademarks in review” talk tomorrow night for the IP Committee of the Federal Bar Council. Watch this space for links to reference materials. I. Failure to function as a mark (I BELIEVE THAT WE WILL WIN) II. Use in Interstate Commerce (ADD A ZERO) III. Irreparable Harm/Delay (AT&T […]