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Category Archives: Law Suits

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Feyoncé . . . he put a ring on it

Posted in Copyrights, Infringement, Law Suits, Mixed Bag of Nuts

Beyoncé recently filed suit against a company for trademark infringement based on their use of the term “Feyoncé” on apparel.  They’ve even got this nice mug: It seems pretty clear what they’re going for here. There are a couple of trademark applications pending for FEYONCE and FEYONCE’. Interestingly enough, both have been issued preliminary refusals… Continue Reading

Trademark Litigation Keeps Getting Cheaper (If You Win)

Posted in First Amendment, Law Suits, Trademark Bullying, Trademarks

Slowly but surely, the extension of the Supreme Court’s 2014 Octane Fitness v. LLC v. Icon Health and Fitness, Inc. decision to trademark claims is gaining traction among federal appellate courts. The Octane Fitness decision addressed the standard for determining whether a case is “exceptional” under the Patent Act and therefore eligible for an award… Continue Reading

What do you mean(s) we lost?!?

Posted in Law Suits, Patents

Tomita Technologies USA, LLC was handed a devastating loss earlier this week in its long-enduring battle with Nintendo over stereoscopic (i.e. 3D) image technology.  Back in 2013, Nintendo lost a patent infringement jury trial in the Southern District of New York and was ordered to pay $30.2 million in damages to Seijiro Tomita, the inventor… Continue Reading

Trademark Lessons for New Businesses from a Lawsuit Against a Colorado Juice Bar

Posted in Articles, Dilution, Fair Use, Infringement, Law Suits, Trademark Bullying, Trademarks

It is a big, exciting, and dangerous risk to start a new business. There were approximately 400,000 in 2014 (continuing a recent downward trend, according to Gallup). Most entrepreneurs know that the odds are stacked against them, as about 50% of new companies fail during their first five years (dig deeper into the numbers here.)…. Continue Reading

ELLE Fails to Un-ring Bell, DJ Action Sticks

Posted in Agreements, Articles, Branding, Civil Procedure, Contracts, Dilution, Law Suits, Marketing, Trademark Bullying, Trademarks, TTAB

Question for the day, how common is the given name Elle? I’m really not sure, I don’t believe I’ve ever personally known anyone with that name, and Mongabay doesn’t even include Elle in its listing of girl’s first names, but it does rank Ella (210), Elena (412), Ellie (1198), Elly (2802), and Ellamae (3514) among… Continue Reading

Mine?

Posted in Branding, Copyrights, Fair Use, Law Suits, Technology

Recent developments have brought to the forefront the ongoing debate about what rights, if any, gamers should have or own in their online personas or in the contributions that they make to games through their gameplay contributions (i.e. is the participation by the player an act of “authorship”)? On April 7, 2016, Mike Futter at Game Informer reported that Blizzard… Continue Reading

Hope Springs Eternal – Even for Baseball Trademark Disputes

Posted in Branding, Infringement, Law Suits, Trademarks, USPTO

Across the United States this week, fans rejoiced as baseball returned. Teams took to the diamond and played the first games to count since last year’s World Series. Players, coaches, and fans all turned the page on last season, starting with a clean slate and an undefeated record. But while the players battled on baseball… Continue Reading

Nobody Puts Trademark Claims in a Corner (Except when Copyright Law Preempts Them)

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Trademarks

Nostalgia is a big seller these days. Hollywood continues to produce remakes (and remakes of remakes), politicians lament the better days of yesterday, and companies capitalize on feelings of nostalgia in order to make money. It’s not new, but it does seem to be more popular than ever. TD Ameritrade jumped on the Nostalgia Express… Continue Reading

Shape Marks: Coca-Cola Fails to Find Secret Ingredient

Posted in Advertising, Branding, Guest Bloggers, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

–Dave Holt, Solicitor & Alex Watt, Partner, Browne Jacobson LLP In the European Union, Coca-Cola has recently followed in the stumbling footsteps of fellow global super-brand Nestlé, falling at the final hurdle in its attempt to register the three-dimensional shape of its iconic ‘Coke bottle’ in classes 6, 21 and 32. You can read the… Continue Reading

Social Media and Jurors

Posted in Civil Procedure, Copyrights, Law Suits, Search Engines, Social Media, Social Networking, Technology

Social media impacts every facet of life and is often discussed in DuetsBlog posts. Courts are now having to address social media issues in connection with jurors. A federal judge in California is considering banning the use of social media altogether in a copyright case before him brought by Oracle America, Inc. against Google, Inc…. Continue Reading

Energizer Bunny to Drain Duracell’s Battery?

Posted in Advertising, Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks

When I first heard last week about a trademark infringement lawsuit between Energizer and Duracell over pink bunny icons, my first thought was, Duracell is The Copper Top battery brand, what would motivate Duracell and how could Duracell possibly believe it had the legal right to use a pink bunny character in advertising and on… Continue Reading

Carlos Santana is Everywhere

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Technology

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not Carlos Santana, who played the Half Time show.” However, I am referring to Mr. Santana’s revamping of the theme song for… Continue Reading

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Posted in Dilution, Fair Use, Famous Marks, Fashion, First Amendment, Infringement, Law Suits, Trademark Bullying, Trademarks

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its sales of a canvas tote bag that included an image that “evoked” Louis Vuitton’s classic handbag design…. Continue Reading

Trademark Bully or Not?

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Trademark Bullying, Trademarks

Chrysler and Moab Industries LLC (“Moab”) have been battling over the Moab mark for years. Moab holds the federally registered trademark Moab Industries®. Its business involves customization or uplifting vehicles—primarily JEEP® Wrangler® vehicles manufactured by Chrysler. In 2012, Chrysler sought to register a “Moab” trademark, but the application was denied based on a likelihood of… Continue Reading

Patent System is not the Fire that Hoverboards Need to Put Out

Posted in Articles, Branding, Idea Protection, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

One of the hottest toys during the 2015 holiday season was the hoverboard, and doesn’t that seem about right for this year.   I saw my first hoverboard earlier this summer — a guy was walking and holding hands with his girlfriend, as she glided alongside him on the hoverboard.  If I were to make a… Continue Reading

Another Cliche Color Trademark Calamity?

Posted in Advertising, Articles, Branding, Fashion, Goodwill, Infringement, International, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Technology, Trademark Bullying, Trademarks, USPTO

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY. While I certainly don’t have the details of the dispute (and it appears Techdirt doesn’t either), and OXY hasn’t produced the actual demand correspondence, given the distinctiveness… Continue Reading

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital Millenium Copyright Act] takedowns.” Many people complain of abuse of the DMCA process and intimidation from… Continue Reading

Fuel for the Flames

Posted in Infringement, Law Suits, Social Networking

A company called WildFireWeb is suing Tinder, Inc. in the Central District of California for allegedly infringing on its TINDER mark. For those who don’t know what Tinder, Inc.’s TINDER is, it’s a dating application that offers a rather limited profile, a few photos, and few filters, like proximity. If both matched parties indicate they… Continue Reading

Technology and Trademark Tantrums

Posted in Advertising, Fair Use, Famous Marks, Food, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Technology, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Things that can potentially upset people can also really benefit a lot of people. —Aktarer Zaman, Founder of Skiplagged Last week, Tim wrote a great post about a recent lawsuit filed by In-N-Out Burger against DoorDash, a food delivery startup. DoorDash is an on-demand delivery service that allows… Continue Reading

The TAKE YO PANTIES OFF Argument

Posted in Famous Marks, First Amendment, Law Suits, Loss of Rights, Mixed Bag of Nuts, Trademarks, TTAB

  In appealing the cancellation of six trademarks, the Washington Redskins filed their opening brief in the Fourth Circuit this week.  Cancellation of the team’s REDSKINS trademarks was upheld by a federal district court in July.  The marks were deemed “disparaging” under Section 2(a) of the Lanham Act, which denies trademark protection to marks that… Continue Reading

And the Oscar goes to . . .

Posted in Domain Names, Law Suits, Trademarks

The Academy of Motion Picture Arts and Sciences is planning to appeal a September judgment finding that GoDaddy did not violate anti-cybersquatting laws. Part of the Academy’s claim centered around the common practice of having “parked pages” which are basically placeholders sites. The practice allows a domain owner to reserve a domain until it finds… Continue Reading