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Trademark and copyright litigation and counseling

Last Build Date: Tue, 18 Oct 2016 19:10:04 +0000


‘Managing The Trademark Asset Lifecycle’ is this Thursday in New York

Tue, 18 Oct 2016 19:10:04 +0000

I will be attending World Trademark Review’s conference on “Managing the Trademark Asset Lifecycle” in New York, on Thursday October 20, 2016. The program covers: – Brand and trademark audits; – Brand valuation; – Collateralization of brands; – Financial and tax considerations of trademarks; – Monetization (i.e. licensing); – ‘Exit strategies’ (i.e. what to do […]

Dilution Claim Dismissed Against NBC/Biggest Loser re Use of LB Logo

Thu, 06 Oct 2016 18:01:45 +0000

Go to page 7 of the decision and you will see allegations of fame that are insufficient to state a claim of dilution at the Motion to Dismiss stage.

The ‘BACK’ in the .FEEDBACK TLD Refers To The Trademark Owner

Wed, 28 Sep 2016 15:22:16 +0000

TLS is the registry behind the .FEEDBACK top level domain. The CEO of TS has stated that .FEEDBACK is UDRP-proof, because, as I understand the claim, criticism is a good faith use under the second prong of the UDRP. The CEO backed up that claim by promising that TLS will pay up to $5k in […]


Mon, 26 Sep 2016 21:06:10 +0000

We need Men In Blazers to sort this one out. Allegations that employee of NYC bar stole FOOTBALL FACTORY trademark.

2d Cir: Brown v Winfrey re OWN YOUR POWER

Mon, 19 Sep 2016 14:17:40 +0000

Blogged previously here and here. Plaintiff fails to establish protectability of OWN YOUR POWER, and likelihood of confusion arising from Oprah’s use on magazine cover and other usages.

SDNY: LVL XIII v LV re Metal toe plates

Wed, 14 Sep 2016 17:02:50 +0000

107 page decision by Engelmeyer, J. Plaintiff targets its LVL XIII (Level 13) sneaker at the luxury ($500) market. The sneaker has a metal toe plate with LVL XIII engraved on it: Plaintiff’s sneaker got some traction: a few celebrities were seen in a few pairs. 8 months after the introduction, LV comes out with […]

Patchogue’s LIVE AFTER FIVE v Farmingdale’s LIVE AT FIVE

Tue, 13 Sep 2016 18:05:43 +0000

Patchogue is about thirty minutes from Farmingdale on Long Island. Patchogue’s festivals are ALIVE AFTER FIVE and Farmingdale’s festivals are ALIVE AT FIVE.

2nd Cir 43(a)(1)(B) decision: Weeks Pregnant vs How Far Along

Sun, 11 Sep 2016 23:54:21 +0000

Justia summary: Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Plaintiff, a leading competing marketer of over-the-counter pregnancy test kits, claimed that, in informing the user as to how long her pregnancy had been in effect, defendant’s […]

Does an On-Premises Sex Club Affect Interstate Commerce

Fri, 09 Sep 2016 17:09:55 +0000

Plaintiffs are 32 professional models. Defendant is a sex club in Miami. Plaintiffs alleges the sex club used their photographs to promote the club on websites and social media, without consent. The complaint contains Lanham False Advertising and various Florida state causes. Defendant moves to dismiss on various grounds but the court dismisses, sua sponte, […]

9th Circuit: Direct Tech v EA – Copyrightability of 3D Derivative Work of 2D Image

Fri, 09 Sep 2016 15:38:02 +0000

Justia summary: EA, creator of The Sims, contracted with a production company called Lithomania to produce a USB flash drive shaped like a “PlumbBob,” a gem-shaped icon from the computer game, to promote a “Collector’s Edition” of The Sims. Lithomania in turn contracted with DT to produce a prototype of the PlumbBob-shaped flash drive. After […]