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Tag Archives: Lawsuit

The Horror! Government Argues No Claim of Infringement for Unregistered Copyrights

Posted in Articles, Copyrights, Infringement, Law Suits, Loss of Rights

Happy Halloween from DuetsBlog! I write today regarding a scary subject: unregistered intellectual property. The horror! Ask any IP professional about registration, and you’re likely to hear that registration is one of the most important steps in protecting IP. Whether it is a patent, trademark, or copyright, registering IP often provides the IP owner greater… Continue Reading

Twitter Flying Too Close to TWIT Mark With Video Content

Posted in Agreements, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology, Trademarks

Twitter, the social media giant, is being sued by its internet cousin, TWiT.  TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content.  TWiT owns the registered service mark TWIT for visual and audio entertainment performances. According to the Complaint, TWiT founder Leo Laporte and Twitter… Continue Reading

Yosemite: The Park, the Name, and the Lawsuit

Posted in Contracts, Fair Use, Goodwill, Infringement, Loss of Rights, Trademarks

Tunnel View – Photo by David Iliff. License: CC-BY-SA 3.0 As the saying goes, possession is nine-tenths of the law. That other tenth can be pretty complicated, depending on what you’re “possessing.”   When you’re arguing with an older brother over who “possesses” the remote control, it’s an open and shut case. But what about “possession”… Continue Reading

The NCAA Takes a Few More Hits

Posted in Articles, Mixed Bag of Nuts

– Derek Allen, Attorney – Unless you’re inflicted with the most severe kind of equinophobia, you probably don’t get much satisfaction from seeing a dead horse get beat.  But since the horse that is the NCAA’s current player compensation system appears to still have some life in it, I have to admit I’m sort of enjoying the… Continue Reading

Putting the Shoe on the Other Tootsie

Posted in Agreements, Branding, Dilution, Domain Names, Famous Marks, Food, Goodwill, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks

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

Levi Pockets a Favorable Court of Appeals Decision

Posted in Dilution, Law Suits, Trademark Bullying

–Susan Perera, Attorney Dusting 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;… Continue Reading

Facebook Needs Dislike Option for Lamebook

Posted in First Amendment, Infringement, Law Suits, Social Networking

–Susan Perera, Attorney Like 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… Continue Reading

Life-Line to the Lifeblood

Posted in Agreements, Copyrights, Guest Bloggers, Idea Protection, Law Suits

—Joy Newborg, Attorney New 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… Continue Reading

Do You Seal What I Seal? A Suit on Wax Bottle Seals

Posted in Branding, Dilution, Food, Infringement, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

–Dan Kelly, Attorney Have you ever seen a bottle with a top that resembles this image?  Do you associate it with a single source?  Do you associate it with a particular product?  If so, which source or product?  Would you think that the product pictured below comes from the same source?   How about this… Continue Reading

Virtually Infringed

Posted in Advertising, Infringement

The 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