There was a time when a certain kind of small business owner – strapped for cash — with a meager promotional budget, easily could be tempted to adopt a "clever" name, as a "short-cut," to "play off" a well-known, iconic brand, but in the end, he or she probably was convinced by counsel that doing so would be… Continue Reading
Tag Archives: lawsuit
Levi Pockets a Favorable Court of Appeals Decision
Posted in Dilution, Law SuitsDusting off the archives, you may remember a 2009 blog post by Tiffany about a trademark infringement lawsuit initiated by Levi Strauss against Abercrombie & Fitch over the back pocket design on the respective parties’ jeans. In that case the jury determined that the pocket designs, shown below, were not confusingly similar; thus, no trademark… Continue Reading
Trademark Case to “Watch”: Rolex Sues Rollx Vans in Minnesota
Posted in Branding, Dilution, Domain Names, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, TrademarksAnother interesting trademark case was filed last Thursday in Minnesota federal district court, captioned Rolex Watch U.S.A., Inc. v. Associated Partnership Ltd., d/b/a Rollx Vans and d/b/a www.RollxVans.com. Here is a pdf of the Complaint and the attached Exhibit. The crowned plaintiff really needs no introduction. On the other hand, the defendant Rollx Vans is… Continue Reading
Facebook Needs Dislike Option for Lamebook
Posted in First Amendment, Infringement, Law Suits, Social NetworkingLike most 20-somethings who went to college during the rise of this social media monster, I am quite familiar with Facebook. However, I wasn’t aware of the website Lamebook until the current legal dispute began. Lamebook, a self-proclaimed, “humor blog” was designed to allow people to share the most “ridiculous” things posted on Facebook. The Lamebook website is… Continue Reading
Life-Line to the Lifeblood
Posted in Agreements, Copyrights, Idea Protection, Law SuitsNew ideas are the lifeblood of Hollywood and television, as executives are scrounging to find the next wildly popular Avatar or "Friends." However, there is a little evil known around the industry as idea theft, where a person believes that their idea has been used but they were not given credit or compensation for their… Continue Reading
Virtually Infringed
Posted in Advertising, InfringementThe overlap of virtual reality and intellectual property is a relatively recent phenomenon. The advent of virtual worlds, such as Second Life, has created increased opportunities for legitimate marketing and branding, as well as, increased opportunities for infringement. Second Life even has its own bar association for those interested in virtual legal practice. If you… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...