There is no surefire way to predict the outcome of a trial, as many factors can influence the decision of a judge or jury. However, some methods that can be used to estimate the likely outcome include: Reviewing past decisions and precedents set by the judge or court. Assessing the strength of the evidence and
Counterfeit goods is an international problem. Counterfeiting is prevalent in high-quality status goods. Fake Cartier watches made with inferior parts and unenforceable warranties selling at bargain prices are a fraud on the consumer and hurts Cartier’s reputation. “Counterfeiting is the act of producing or selling a product with a sham trademark that is an intentional
Trademark infringement claims include what is called a “false designation of origin”. A claim for false designation of origin under § 43 of the Lanham Act arises when a person uses in commerce a word, term, name or symbol, or a false or misleading description or representation of fact which is likely to cause confusion
Companies go to great lengths to protect their trademark. An action for trademark infringement under the Lanham Act also includes claims that a party is selling counterfeit goods using another party’s trademark. Those are serious claims and if found liable can result in severe statutory penalties. “To prevail on its claims under the Lanham Act
There have been recent news articles about settlement agreements reached in patent litigation cases called “Pay-for-Delay”. “Pay-for-delay” deals are agreements between generic and patent-holding pharmaceutical companies, where the patent-holding drug maker compensates the generic manufacturer if the generic manufacturer agrees to refrain from marketing the generic version of a drug past the expiration of the
The cornerstone in trademark infringement litigation has always been determining whether a reasonably prudent consumer in the marketplace is likely to be confused as to the origin of the good or service bearing one of the marks. Confusion must be “probable, not simply a possibility”. Over the years the courts have established tests in determining
The internet has revolutionized they way we transfer information and communicate. In 1996 Congress passed the Communications Decency Act (CDA); a federal statute found at 47 USCS § 230. Congress recognized that Americans are increasingly relying upon on interactive media for a variety of political, educational, cultural, and entertainment services. Congress also recognized the internet
There are a disturbing number of cases involving financial abuse of the elderly. Because the elderly are particularly vulnerable, the California legislature enacted the Elder Abuse Act “to protect elders by providing enhanced remedies which encourage private, civil enforcement of laws against elder abuse and neglect.” The Elder Abuse Act defines “abuse” to include anything
Representing a religious nonprofit corporation can be challenging. I was involved in litigation when a nonprofit religious corporation terminated a member of this congregation in violation of the bylaws and basic employment law. The issue became whether the courts would hear this case or abstain citing the ecclesiastical abstention doctrine. This doctrine states that “Religious
I am defending an individual who owned a house that he rented to a family of four. Before he rented this house he had the property professionally cleaned and painted. When he inspected the property before he leased it, he confirmed it was fit for occupation and did not have any conditions that rendered it
I was recently contacted to represent an individual who was a victim of fraud when he learned that somebody he trusted sold his real estate without his knowledge or consent. He transferred his property to this individual he trusted in trust for a limited purpose. This person then sold his property to a sophisticated real
If you are a victim of a fraudulent real estate claim there are certain things you need to consider. I recently received a call about a fiduciary relationship where the fiduciary sold real property belonging to the trusted partner without their knowledge or consent. The property was sold to a third party who apparently knew
Last week, we discussed how intellectual property theft from China has been called an “emergency” by the Department of Justice. An emergency was declared because trade secret theft siphons off hundreds of billions of dollars from American companies every year. According to a 2013 report by the Commission on the Theft of American Intellectual Property, trade secret theft is
The Department of Justice (DoJ) has called Chinese intellectual property theft a “national security emergency” that has cost American companies hundreds of billions of dollars and two million jobs. According to the DoJ, Chinese espionage has stolen intellectual property from thousands of American companies. Can American companies fight back against the entire intelligence apparatus of
Craft breweries, distilleries and vineyards are becoming more experienced with trademark litigation after a series of lawsuits within the alcoholic beverages industry. Many trademark battles within the alcoholic beverages industry involve labeling and branding. For example, Lagunitas filed a complaint against Sierra Nevada over its Hop Hunter IPA. According to Lagunitas, the label on Sierra Nevada’s
Hoverboards have become enormously successful at two things since being released for the holiday season last year: consumer sales and causing injuries. These products are also known as battery-powered self-balancing scooters. The negative media attention surrounding hoverboards has caused manufacturers of similar products to take notice. Segway and its parent company Ninebot, along with DEKA,
Paramount Pictures recently sued a pair of crowdfunded producers who are attempting to release the first independent Star Trek film. The project, which reportedly has the backing of former Star Trek actor George Takei, secured more than $1 million of funding from backers on Kickstarter and IndieGoGo. Paramount Pictures spent tens of millions of dollars creating a new series
Pepperidge Farm, the creator of Milano Cookies, is suing national supermarket chain Trader Joe’s over allegations of trademark infringement. The lawsuit was filed over claims Trader Joe’s had manufactured knockoff Milano cookies. Pepperidge Farm has argued Trader Joe’s Crispy Cookies look very similar to Milano Cookies. If this lawsuit were filed over regular chocolate chip cookies,
Lucasfilm has a long history of intellectual property lawsuits that shows the importance of protecting your brand. The film giant has taken on the Ronald Reagan Administration, Verizon, a dedicated fan and many others over allegations of trademark infringement. Lucasfilm once sued the Strategic Defense Initiative, otherwise known as the Star Wars Program. The Star
U.S. presidential candidate Donald Trump is famous for trademarking various phrases, and even his own name. The GOP frontrunner and real estate magnate has trademarked campaign slogans, his name, famous New York City landmarks, catchphrases from his television shows and made-up political terminology. Donald Trump trademarked Central Park, a famous New York City landmark, for
Comedian Daniel Lawrence Whitney, known by his stage name Larry the Cable Guy, has filed a trademark lawsuit against a Diamondhead gas station. The gas station, located in Mississippi, is using the catchphrase “Giterdone”, which is used by Larry the Cable Guy as part of his standup act. Whitney filed the lawsuit in the Southern District of
In 1996, California voters passed the Compassionate Use Act, legalizing access to medicinal marijuana. Since 1996, the medical marijuana industry in California has grown substantially, offering patients access to cannabis-infused cookies, ice cream, candies and thousands of strains. Governor Jerry Brown recently signed a law that allows medical marijuana companies to attract venture capitalists and
E-cigarettes have become an extremely popular alternative to tobacco products by offering a wider range of flavors and appearing healthier than cigarettes. These new products work by utilizing juice, coils and wicks to produce flavorful vapor, which can serve as an alternative for people who want to quit smoking. E-liquids come in a variety of
An epic legal battle between two camera makers is now underway, with Polaroid alleging GoPro stole the design for its portable camera, the Polaroid Cube. Both products, which can easily be attached to equipment and clothing, have become popular among athletes with an appetite for extreme sports. The market for wearable cameras has done exceptionally
Video game enthusiasts have probably heard of Solid Snake and Big Boss, the legendary heroes of the Metal Gearseries. Gamers may not realize both characters are loosely based on Snake Plissken, the anti-hero from the movies Escape from New York and Escape from L.A. Kurt Russel plays Snake Plissken in both movies. The similarities between Solid Snake, Big Boss
Distilleries are known for being businesses where trade secrets are a critical matter of importance. Building a brand in the alcoholic beverage industry requires these businesses to be unique while retaining a reputation for unmatched quality. Take for example Bénédictine, the world-famous French liqueur. A monk named Dom Bernardo Vincelli created the recipe in 1510, using the
Subway has come under scrutiny for lying about the size of its Footlong subs, one of the sandwich maker’s most famous products. We have all heard the commercials “$5 Footlong!”, but it turns out the famous sandwich might be a hoax. In 2013, an Australian customer upset over the size of a Footlong they had
Donald Trump’s trademarked campaign slogan, “Make America Great Again”, has become an internet and commercial sensation, selling tens of thousands of T-shirts and hats. During his last presidential campaign in 2012, Trump filed a trademark application for the phrase, which was approved four months ago. Ronald Reagan was the first to use the phrase during his
During the 1980s, President Ronald Reagan’s administration worked with High Frontier to develop the Strategic Defense Initiative (SDI), a space-based laser that would shoot down incoming ballistic missiles launched from the Soviet Union. In the media, the plan was referred to as “Star Wars”. Lucasfilm responded to the name by suing High Frontier for trademark infringement.
Very few people have crossed Batman without feeling a swift kick from justice. Take for example, the Batmobile maker who was sued by DC Comics for trademark infringement. The Gotham Garage Business made almost $200,000 by creating replicas of the vehicle famous for chasing down villains. According to the lawsuit, the replicas depict the same vehicles
A federal judge has ruled Warner/Chappell Music does not own the copyright to “Happy Birthday”, one of the most famous songs ever created. It would be difficult to find people who have never heard of the popular song. Over the last century, the song has become a widely celebrated custom at birthday parties across the globe. The
A judge has ruled Costco Wholesale is guilty of trademark infringement for selling fake Tiffany & Co diamond engagement rings to customers. Costco had originally claimed Tiffany & Co did not have a trademark for the word “Tiffany”. A federal judge has decided Costco purposefully included the name “Tiffany” on its rings to confuse customers. Tiffany &
Disney has filed a lawsuit against Wilson Cake Imaging over allegations it is creating frostings displaying trademark-protected characters, such as Luke Skywalker and Iron Man. Some of the cake designs have sold on eBay, depicting pictures of Yoda telling people “Have a happy birthday you must”. The Disney cake lawsuit could discourage other cake makers
Harris Faulkner, a six-time Emmy winner and famous Fox News anchor, is suing Hasbro over a toy hamster that shares the same name and likeness. Hasbro is a multinational toy company, responsible for creating famous products such as G.I. Joe and Mr. Potato Head. The product is called the “Harris Faulkner toy hamster”, much to
Gearbox Software has reached a settlement with 3D Realms Entertainment and its parent company, Interceptor Entertainment, in a trademark lawsuit over the intellectual rights to the Duke Nukem video game franchise. Duke Nukem is a machine-gun wielding, alien-killing and bad-mouthed ladies’ man with an affinity for destruction. Several video games in the series have come out over
A battle is heating up between two distilleries who market cinnamon flavored whiskey. Sazerac Co., the maker of Fireball Cinnamon Whisky, is suing Stout Brewing Co. over its cinnamon whiskey, Fire Flask. Fireball Cinnamon Whisky features a red logo with a dancing, fire-breathing demon. Fire Flask also features a red logo, except with a devil
Social media posts can be a helpful tool or destructive force for businesses. In some cases, social media blunders can end up costing millions of dollars. Take for example the recent tweet made by the director of the recent “Fantastic Four” movie, where he strongly criticized Fox, the studio responsible for producing the movie. Director
A hearing has been set in the lawsuit against famous rock band Led Zeppelin over allegations they stole the song “Stairway to Heaven”. The lawsuit alleges Led Zeppelin stole the song from Randy Craig Wolfe, a founding member of the late 1960s instrumental band, Spirit. The founding members of Spirit once claimed Led Zeppelin front
Digital ride-booking service Uber is facing a lawsuit from 19 California cab companies. Most recently, a federal judge in San Francisco allowed the cab companies to pursue parts of the case, dismissing allegations of unfair competition. An attorney representing the cab companies argues they have suffered considerable financial damage due to Uber’s misleading statements about the
During the 1980’s, several tech companies duked it out in court over the first operating systems for personal computers. People alive at the time probably remember Apple’s computers, Lisa and Macintosh, and how they were among the first operating systems utilizing a visual display. Apple had successfully built upon Xerox’s computer, the Xerox Star, developing
Rolex watches are some of the most high-class and expensive in the world, sometimes costing tens of thousands of dollars. Enjoyed by celebrities, politicians and wealthy CEOs, many people see Rolex as the ultimate status symbol of success. Rolex’s trademark could be classified as “people who wear our watches have lots of money.” Several individuals,
Angie’s List, the crowd-sourced business review website, is suing Amazon Local, a subsidiary of the internet megastore Amazon, over allegations it misappropriated trade secrets. The federal lawsuit was filed based on accusations Amazon Local executives and employees were signing up as members on Angie’s List and downloading provider profiles and member reviews. Allegedly, the information was
Mount St. Mary’s University in Emmitsburg Maryland is suing Mount Saint Mary’s University of Los Angeles for sharing a similar name. The lawsuit was filed in federal court based on allegations Mount Saint Mary’s University of Los Angeles had committed trademark infringement. Both universities are private Catholic liberal arts universities. The trademark lawsuit is attempting to
7-Eleven Inc. has filed a trademark lawsuit against a Pennsylvania convenience store over its name and logo, which allegedly share a striking resemblance to the national chain. Super 7 Food Mart is being sued by 7-Eleven for trademark infringement and unfair competition. According to the lawsuit, Super 7 Food Mart is using the name “Super-7” and a logo
Facebook recently filed a series of trademark claim disputes against social media startup companies using the suffix “book”. Most recently, two Vermont engineers who own a company called “Designbook” were hit with a trademark infringement claim. A designbook is what engineers use to draw sketches and concept designs. According to Facebook, the name “Designbook” would confuse customers
When Colorado passed state laws that legalized marijuana, a new industry opened up and boomed. On the federal level, marijuana is still considered an illegal narcotic, but so far the feds have not tried to overrule the state’s power on this issue. However, the Hershey’s Company wants nothing to do with the new lease on
The founder of Oculus VR Inc., which makes the virtual reality headset the Oculus Rift, has been accused in a lawsuit of taking confidential information and passing it on to others. In 2014, Facebook acquired Oculus for $2 billion, hoping to get a front row seat to the untapped virtual reality market. The Oculus Rift
Athletes are familiar with the products of Under Armour, a name that has become almost synonymous with athletic undergarments. The company revolutionized athletic wear In the 1990s, making shirts and other garments that wicked away moisture during strenuous activity. Currently, Under Armour believes that its brand’s reputation is being put on the line. A Weston
For decades, knowledge of Coca Cola’s secret ingredient has remained a mystery. Many people and companies have attempted to guess the secret ingredient, but to no avail. Some would argue that one of the reasons Classic Coke has been so successful is because no one can truly replicate it. Coca Cola’s secret ingredient is the
Multiple American microbreweries have entered into trademark infringement disputes. With so many breweries now operating across the country, there have been numerous instances of similar brands and company names. In one case, two breweries had the same name but in different languages. Zwei Bruder means “two brothers” in German, which upset Two Brothers Brewing Company in Illinois.
Two weeks ago, we wrote about the new Game of Thrones episodes leaking onlineand the controversy surrounding it. Several users of Twitter’s Periscope service uploaded the episodes, which Twitter quickly removed. However, questions surrounding the case and others like it have yet to be answered. Are websites or people uploading the stolen content to websites liable for damages?
A trademark dispute is being fought between Twentieth Century Fox and Empire Distribution. Empire Distribution is a San Francisco-based record label. Fox has asked a judge to allow the network to continue using Empire as the title of its new television series. Empire Distribution claims that the title of the show has caused confusion about the artists
The first four episodes of the new season of Game of Thrones leaked online last weekend. In the first 18 hours, over 1 million people had downloaded the leaked episodes. Game of Thrones is HBO’s most popular television series, with last season’s finale drawing more than 7 million viewers. It did not take long for the pirated episodes to
The clothing designers Spirit Clothing Company filed a lawsuit against West Trend for allegedly marketing and selling clothing that contained stitching that was similar to Spirit’s clothing designs. The California Federal District Court has labeled this case as a trade dress infringement case, although the underlying complaint did not allege trade dress infringement specifically. The
A proposed class action lawsuit could affect about 30 California winemakers known for selling bottles of wine for less than $10. The lawsuit was filed for wine consumers in California that have purchased one of these 30 brands in the last four years. The lawsuit was filed on March 19 in the California Superior Court
Former National Football League (NFL) players are taking on the video game company Electronic Arts (EA) for using their likenesses in its Madden NFL football video game series. Former NFL quarterback Vince Ferragamo, who played professional football from 1977 through 1986, states that EA never asked his permission to use his likeness in the game.
In what is a rather hilarious legal dispute, Walmart has issued a cease-and-desist notice over a horse. Walmart believes that the website walmart horse, which contains an image of a horse and a Walmart store, is infringing on its Walmart and Wal-Mart trademarks Trademark infringement litigation can occur when one party believes that another party has
Viacom has filed a lawsuit in California against the website Nick-Reboot.com for trademark infringement, copyright infringement, unfair competition and cybersquatting. The website is claiming fair use as a defense. The website Nick-Reboot.com streams Nickelodeon TV shows from the 1990s and 2000s. The service is free for users willing to watch the programs in a random order; however, a subscription
Did you ever think posting fake reviews could get you in trouble? Yelp may be able to answer that question for you. Yelp has launched a lawsuit against Julian McMillan for false advertising, breach of contract, intentional interference with contract and unfair competition. Yelp claims that he placed fake reviews in an effort to support his business.
Robert G. Klein’s firm, Klein Trial Lawyers, has been helping Los Angeles and California clients with their intricate business litigation cases since 1994. He has handled numerous complex cases involving trademark infringement, breach of contract, trade secret litigation, unfair competition and business and shareholder disputes. How Has Klein Trial Lawyers Helped Businesses? For one client, our firm secured a unanimous jury verdict
Old Ox Brewery is already caught up in a trademark infringement dispute almost a year before a single customer has been able to taste its beer. Red Bull, the well-known energy drink company, alleges that the logo, name and slogan of Old Ox Brewery is infringing on its trademark. Sometimes these disputes can be settled by an
Twenty-two-year-old English musician Sam Smith accidentally infringed on the intellectual property (IP) of the legendary American musician Tom Petty. Smith alleged that he had never heard of Petty’s 1989 song I Won’t Back Down when he wrote the melodically similar song Stay With Me, which was recently Grammy-nominated. The music industry is prone to all kinds of business litigation, because
Generally, a company will have its upper management employees sign a non-compete agreement, but will not require the same of lower level employees. However, the sandwich chain Jimmy John’s has decided to go its own direction with its non-compete agreement, which has caused some controversy. New hires, whether they are an executive or a sandwich maker,
Gillette has filed a trade secrets lawsuit against four of its former employees, all of which are employees of ShaveLogic. Gillette argues that ShaveLogic was given trade secrets by these former employees, who have breached their contract with Gillette by doing so. Trade secrets are an integral part of why a business succeeds. As such, other companies will sometimes
A United States District Judge in San Francisco has dismissed a lawsuit against Apple Inc., because the plaintiffs failed to deliver strong enough proof that Apple made affirmative misrepresentations. The plaintiffs had accused Apple of selling computers with defects, while billing the laptops as the “most advanced” computers on sale. The judge found that the computers
A United States District Judge in San Francisco has dismissed a lawsuit against Apple Inc., because the plaintiffs failed to deliver strong enough proof that Apple made affirmative misrepresentations. The plaintiffs had accused Apple of selling computers with defects, while billing the laptops as the “most advanced” computers on sale. The judge found that the computers
Various companies are in legal trouble for selling mixtapes to the family and friends of inmates in correctional facilities. Universal Music has decided to crack down on this industry, which market mixtapes as “care packages.” Many well-known artists such as James Brown and Eminem have been mentioned in the complaint sent to a California federal
An old lawsuit against R.J. Reynolds Tobacco Co. has been revived in California by a U.S. District Court judge. A class action involving 10 plaintiffs is now able to continue after waiting for a period of five years. The tobacco company is being accused of a breach of contract, deceptive practices and unfair competition, because of a
Microsoft has sued two technical support companies, Customer Focus Services and Anytime Techies, on the assertion of multiple trademark infringements. More specifically, Microsoft is attempting to fight against supposed tech support scams that it claims are tricking customers into paying for technical help by claiming affiliation with Microsoft. The tech support companies are accused of convincing
Juli Adams, the creator of the plush pet toys “Angry Birds,” filed a lawsuit after The Hartz Mountain Company sold her intellectual property to Rovio Entertainment, a video game company. Adams had originally designed her toys for Hartz. Adams claims that she has the trademark for “Angry Birds,” while Hartz claims that it has the rights to her designs
A name dispute has been settled between Jamieson Ranch Vineyards of California and the more famous Jameson Irish Whiskey. The legal battle over their similar names was dropped when Jamieson convinced Jameson that it had no plans to ever make spirits. The case originated in February when Jameson sent Jameison a cease-and-desist order. The Irish
LOS ANGELES, Calif., Aug. 23, 2012 — Los Angeles business litigation attorneyRobert G. Klein has been admitted “pro hac vice” to serve as lead trial counsel in a United States District Court in the Northern District of Illinois. Mr. Klein is seeking to rescind a sale of assets including a trademark related to luxury goods and
LOS ANGELES, Calif., Sept. 21, 2012 — Los Angeles business litigation attorneyRobert G. Klein said that the 41-year-old naturalized citizen recently sentenced to four years in federal prison after being convicted of stealing trade secrets from Motorola calls attention to the steps that all businesses need to take to protect confidential information. The Chinese-born software engineer reportedly had
LOS ANGELES, Calif., Mar. 15, 2012 — Los Angeles business litigation attorney Robert G. Klein has filed a lawsuit on behalf of a client who invested more than $1.2 million with a man he trusted as his partner. The investor only later discovered that the former partner kept most of the money for himself and later
A defendant is generally given 20 to 30 days to respond to a complaint. If the complaint is ignored or not responded to by the deadline, then the plaintiff is allowed to ask for a default judgment. Plaintiffs can then present evidence supporting their complaint and then the court can make a default judgment. In
On November 13, the Los Angeles Superior Court frustrated Mattel’s motion to dismiss a $1 billion trade secret lawsuit, which was filed by MGA Entertainment. The lawsuit was filed because MGA accused Mattel of spying on it and other companies for years at toy shows. This decision is just one part of a long-standing legal feud
A.V.E.L.A., Inc. and Fleischer Studios, Inc. are in a major legal battle over a well-known cartoon character from the 1930s and 1940s. Namely, Betty Boop. Despite being 70 years removed from her glory days, she still commands enough interest to attract lawsuits over trademark infringement. Fleischer Studios, which was created in the 1970s by the family
Hothead’s game app Kill Shot is beating Glu Mobile’s game app, Deer Hunter, by eight spots in a list of Apple’s top-grossing games for the iTunes App Store. However, Hothead could lose to Glu Mobile in a copyright and trade dress infringement lawsuit. The argument by Glu Mobile is that the games are identical, except that Kill Shot
Apple has successfully defeated a so-called “patent troll” lawsuit from GPNE, who claimed the well-known tech company owed it $94 million for various patent infringements. GPNE is a technology company that owns several patents, but it does not sell a product. Instead, the company makes its money from licensing fees that other companies pay to
In 1999, Congress passed the Anti-Cybersquatting Consumer Protection Act (ACPA) as an amendment to the Lanham Act. The bill defined cybersquatters as people who register a trademark with “bad faith intent to profit” from it, or anyone who traffics in “protected” domain names. The ACPA is being invoked in the case of Petrolium Nasional Berhad,
Choose Energy Inc., an alternative energy company working out of San Francisco, is accusing the American Petroleum Institute (API) of using market confusion to damage its brand. ChooseEnergy.com is a website that allows customers to explore different energy options, like wind and solar power. The site also creates pricing comparisons to show the difference between
Popular shoe designer Converse has filed more than 20 trademark infringement lawsuits against K-Mart, Wal-Mart and other retailers for selling knockoffs of its design. The lawsuit accuses various companies of ripping off the iconic striped toe-guards of Converse’s Chuck Taylor All Stars, one of the company’s most popular designs. Fashion trademark lawsuits are usually between
Even though they seem free and open to use, internet memes are subject to the same copyright laws as any general advertisement. Therefore, a company wishing to profit from a trademarked meme should get an appropriate license to use any photo, video or music in a standard advertisement. There may be an exception if the
Straight Path Communications is alleging that Apple violated several existing patents when it designed FaceTime, a popular video conferencing app. NetSpeak, a communications company, owned the patents originally. The company developed WebPhone in the 1990s, a software that allowed businesses to speak directly to employees and customers over the internet. It was quite a feat,
Patent trolls produce a product, but choose not to market it commercially. Instead, they patent their design and sit on it, waiting for another product to come along that they can potentially sue for infringement. Do I Need to Get an Injunction? If a judge upholds a patent infringement claim, they usually use a four-part test
Alki David, founder of FilmOn, is accusing several high-profile hologram performances of using his patented 3D technology without permission. The most recent lawsuit is about a hologram of Homer Simpson from San Diego’s Comic-Con in July. Creator of the Simpsons Matt Groening stood on stage chatting with Homer for about two minutes. David’s lawsuit complains
An article in Business News Daily has brought light to the subject of trademark bullying. If a business is being trademark bullied, it means a trademark owner that is a larger business is using its monetary and legal resources to stop a smaller business from using trademarks that could cut into the larger business’ profits. In other
Klein Trial Lawyers is a Los Angeles law firm that specializes in business litigation. Litigation attorney Robert G. Klein has helped businesses protect their trademarks and copyrights since 1987. Robert G. Klein has taken more than 70 cases to trial, representing clients in state and federal court as well as the U.S. Supreme Court. He
The 2001 attacks on the World Trade Center changed the course of American history. Klein Trial Lawyers would like to take a moment and remember the men and women who lost their lives that day. We would also like to express our sincerest gratitude to the brave service members fighting overseas, protecting our rights on a daily
A&E is facing a trademark infringement lawsuit based on a popular Duck Dynasty quote, according to The Inquisitr. Court documents state the conflict all started when Uncle Si, one of Duck Dynasty’s cast members, said, “My favorite color is camouflage.” A&E then used the popular phrase to sell t-shirts and other merchandise. Fort Pierce-based Hajn LLC
Bose has sold audio products since 1964, and the company is famous for its noise-canceling headphones. Beats has only been in business since 2006, but in 2012, Beats headphones made up two-thirds of all high-dollar headphone sales. Bose is accusing Beats Electronics of patent infringement, claiming that Beats is using Bose noise canceling technology in
Lenny Kravitz is suing merchandising company Cinder Block LLC for trademark infringement, based on an agreement that allegedly expired in March 2013. According to court documents, Kravitz entered into an agreement with the California based company in September 2009. For years, the company legally sold several products featuring the artist’s name and likeness, including t-shirts,
Kohl’s may have to pull a popular teen t-shirt after Jack Daniel’s, or more specifically the brand’s owner Brown-Forman, claimed that the shirt violated its trademark. The shirt is being marketed under the brand About a Girl as part of the retailer’s back to school sales aimed at preteen shoppers. The black and white design
The United States Patent and Trademark Office (USPTO) assigns trademark registrations using a “use-based” system, meaning trademark registrations are awarded by “priority-of-use.” However, most foreign countries use a “first-to-file” system, where the first party to apply is given full trademark rights, even if they are not affiliated with the brand. “Bad-faith trademark filing” or “trademark
Beats Electronics, owned by hip-hop artist and producer Dr. Dre, is an American producer of headphones, speakers and other audio products. Four years ago, sales of premium headphones – those priced $99 and up – were worth $59 million in North America. In 2012, headphone sales exploded to $850 million, and nearly two out of
John Wayne was one of the most iconic actors in American cinema history, famous for his walk, talk and good looks. He was also famous for his moniker “The Duke”, a childhood nickname that followed him even after he became a celebrity. Currently, John Wayne’s family is looking to sell a line of Kentucky bourbon
Tesla Motors surprised the entire auto industry when it announced plans to share patents for its electric cars free of charge. Tesla’s electronic cars travel three times farther on a single charge than most other electric cars on the market. The Tesla Model S travels 265 miles in one trip, while the Nissan Leaf, America’s
When the U.S. Patent and Trademark office considers an application, the distinctiveness of the applicant’s mark is an important factor in their evaluation. Trademark protection offers you exclusive rights to a certain name or phrase, so the patent office needs to know: Is that name or phrase distinctive enough to identify your product and your
Two of the most important components in any trademark infringement lawsuit are customer confusion and damage to the brand. If a defendant can prove both of these, he does not have to prove actual profit loss to collect damages. In 2008, Los Angeles-based juice company Pom Wonderful filed a federal trademark lawsuit against Coca-Cola over
The U.S. Patent and Trademark Office cited federal trademark laws banning offensive or disparaging language when they canceled six federal trademark registrations for the name “Washington Redskins.” Based on today’s ruling, the Washington Redskins no longer own trademarks on the following words and phrases: “The Redskins” “Washington Redskins” “Redskins” and “Redskinettes.” The patent office also
Pop superstar Madonna is currently involved in a trademark infringement lawsuit over her line of “Hard Candy” gyms. The woman who taught the world to “Vogue” is being accused of maliciously stealing the name Hard Candy from a beauty and fashion company of the same name, and using the phrase to promote her gyms and
According to NBC 7 San Diego, Shawne Merriman is suing Nike over a new line of athletic clothing, claiming the company is infringing on his trademarked nickname “Lights Out”. According to the suit, Merriman and Nike were in negotiations to start a clothing brand with his trademark phrase, but nothing official was ever decided. Nike
In any trademark lawsuit, the plaintiff must show more than the similarity of the trademarked image or phrase to prove infringement. The senior user (the first company to use the trademark) must also prove customer confusion and intent. Customer confusion is based on the reasonable belief that customers in your target audience would have trouble
Zippo is in a trademark battle with Lorillard, the third biggest tobacco company in the nation, over the Blu brand name. As of now, the name “Blu” is being used to identify both a type of Zippo lighter and a popular brand of electronic cigarette. Zippo claims that they filed a trademark on the name
In 2000, Glock Inc., the American branch of the Austrian handgun manufacturer, began a series of trademark infringement lawsuits against toy manufacturers. The defendants in the vast majority of these cases were manufacturers or distributors of toy guns and blank firing guns. Bruni, Sportsman’s Guide, Gamo USA, Academy Toy Company and Daisy all fell under
Former frontman for the Misfits, Glenn Danzig, is suing the current Misfits bassist Jerry Only over the trademark for their iconic symbol, known as the “Crimson Ghost” or the “Fiend Skull”. According to Danzig, he and Only signed a contract in 1994 agreeing to share trademark and merchandising rights for Misfits memorabilia. Recently, Danzig realized
The Mongols of Southern California are in the fight of their lives to retain their iconic image, but they believe the judge in their case is prejudiced against them. In October 2008, a U.S. District Court Judge forbid club members and their families from wearing the Mongols logo, a Mongolian soldier’s profile wearing sunglasses, or
We have been closely following the unfolding of the Apple and Samsung patent infringement case. Previously, we discussed how Apple is suing Samsung for $2 billion on the grounds that the latter infringed on Apple’s patents, such as slide-to-unlock, word correction, contextual links, universal search and data syncing. Samsung responded by calling to the stand
Previously we discussed the ongoing clash of titans, Apple and Samsung, and the patent infringement case that has been brewing for well over two years. Essentially, Apple is claiming that Samsung has infringed on their patents in regards to slide-to-unlock, auto-correct text, contextual links, universal search, and data syncing. In response, Samsung said that Apple’s
A business in the throes of a trademark infringement dispute will likely be successful in defending their mark if they meet the requirements of the Lanham Act: they are the rightful owners of the trademark, the infringing company is using the mark without their permission, and the use of the mark is causing consumer confusion.
Apple and Samsung are finally butting heads in the courtroom over the patent infringement case that has been two years in the works. Apple is demanding $2 billion from Samsung for infringing on the following patents: slide-unlock to prevent pocket dialing, word correction, contextual links, universal phone search capability and data syncing. Samsung is also
The U.S. government has taken bold measures to crack down on the distribution of counterfeit apps. Illegally distributing counterfeit apps is clearly copyright infringement. On Monday, March 24, the two men responsible for AppBucket pled guilty to conspiracy to commit copyright infringement. AppBucket was a popular website that sold counterfeit Android apps at low prices.
Once an individual or organization uses a mark commercially, they are entitled to common law rights and can sue others for trademark infringement if necessary. Of course, registering a trademark endows the owner with certain legal advantages that a common law mark would not afford: A registered mark is less likely to be infringed upon,
Though Getty Images rarely sues those who use their photographs without permission, it still qualifies as copyright infringement to use their stock photos found elsewhere on the internet. Previously, Getty was known for sending settlement demand letters to individuals and organizations using their photographs without any preemptive cease-and-desist letters. The letters would ask for incredibly
In order to make a claim of patent infringement against an individual or organization, the infringing product must perform all of the functions laid out in the patent. For example, if an inventor registers a patent on a device that combs your hair, brushes your teeth and cooks you breakfast, he cannot sue another organization
An individual or organization can produce a mark strikingly similar to a registered trademark, as long as the mark’s intent is humorous, in which case it is protected as parody. However, parody protection is a very ambiguous area of intellectual property litigation, because insulting parodies can still incite lawsuits. A mark is most likely to
Trade secrets refer to an organization’s proprietary knowledge that provides a competitive edge and would be detrimental if released, according to the World Intellectual Property Organization (WIPO). Often trade secrets are difficult to obtain, not known outside of the organization and subject to security measures. Most states, California included, have adopted the Uniform Trade Secrets
An unregistered trademark lacks many means of protection against infringement. However, simply registering a trademark with the U.S. Patent and Trademark Office (USPTO) on your own does not always mean that the mark will be completely protected, because you may make common errors that open your mark up to infringement. The legal process of trademark
Hypothetically, a group of neighbors starts a small company that only operates for a few hours each week and puts out a product with a potentially infringing mark. However, they only produce a very small amount of this product and sell just enough to cover their production costs. Even though the hypothetical small business with
A coalition of trademark holders can register a collective mark to signify membership. Most of the time this practice is used by a group of businesses whose goods or services are produced at a common level of quality. For instance, if there is a long history of independent carpenters in rural Vermont who use a
Small-time copyright owners should not fear taking on large corporations in intellectual property disputes. Since the Copyright Act of 1976, all tangible works, such as books or recordings, receive a measure of legal protection in which the copyright owners have exclusive rights to the reproduction and distribution of copyrighted materials. For example, author and songwriter
The popular rapper and producer Kanye West is suing a group of programmers behind the new digital currency COINYE, according to a recent report by the New York Daily News. COINYE is a decentralized digital currency similar to Bitcoin. Upon initially learning of the new currency, Mr. West’s lawyers filed a cease-and-desist letter on January 6.
The Canadian manufacturer of fine, fur-lined parkas, Canada Goose, recently sued Sears for trademark infringement. Apparently, the Sears parka bears a striking resemblance to the Canada Goose “Kensington” coat. The distinguishing features of the Canada Goose coat are its three-quarter length, fur-lined hood and circular patch on the upper right sleeve. According to CTV News,
According to San Francisco Weekly, the popular and controversial A&E show, Duck Dynasty, has stamped its brand on a host of consumer items, from camouflage Segways to a family Christmas album, “Duck the Halls.” Recently, the Duck Dynasty brand has collaborated with the St. Helena-based Trinchero Family Estates on the Duck Commander wine series featuring
Google released its most recent transparency report on Thursday, December 19. Google has included an extensive section on requests to remove content from search results that contain copyright infringement. The report contains an approximately 1 million row database of copyright infringement claims dating back to 2011. In just the past month, Google has received 23,235,747
According to the Guardian Liberty Voice, users of the popular video sharing website, YouTube, have noticed a sharp increase in the number of copyright claims flagged by their copyrighted content scans due to recent changes in the website’s Content ID system. The claims were mostly made against YouTube users who specialize in publishing footage of
GoldieBlox, a toy company specializing in engineering toys for young girls based out of San Francisco, has made concessions to the New York hip-hop group the Beastie Boys by removing a video featuring their song, “Girls.” According to the court papers, “the video advertisement posted on [GoldieBlox’s] website and other video sharing websites featuring the
According to the Washington Post, the United States Postal Service (USPS) falsely assumed that an image of the Statue of Liberty obtained from the online image library Getty Images was in the public domain. The USPS used the image of Lady Liberty for a popular “forever” stamp in 2010. A keen-eyed stamp collector noticed an
According to the National Crime Prevention Council, Google finally won an 8-year long lawsuit against a host of authors who claim that Google Books, an online library, illegally scanned millions of books. Google Books was born in 2004 with the digitization of university libraries, such as Harvard and Oxford. The lawsuit began in 2005 after
According to the Daily Mail, the Hells Angels have filed a trademark infringementsuit against Dillard’s and 8732 Apparel, accusing each of copying its logo. The Hells Angels, an international motorcycle club, owns four U.S. trademark registrations for its Death Head logo, a winged skull, which is used to signify membership. In its suit, the Angels’ allege
Global News is reporting that Canada Goose has filed a trademark infringement suit against Sears for allegedly selling knock-offs of its winter coats. In the suit, Canada Goose alleges that Sears Canada Inc. is passing off one of their parkas as a Canada Goose Inc. winter coat. “(Sears) is intentionally seeking to mislead consumers and potential consumers
Vermont-based Against The Grain Gourmet Foods has filed a lawsuit accusing California-based Against All Grain of trademark infringement. According to the Brattleboro Reformer, the suit was filed on October 11 in the U.S. District Court for the District of Vermont. In the suit, Against The Grain alleges that the California company’s use of the name Against
A new look has jumpstarted a trademark dispute between whiskey makers Jack Daniel’s and Popcorn Sutton’s, according to the Detroit Free Press. After Popcorn Sutton’s Tennessee White Whiskey started out being sold in Mason jars, an acknowledgement of the fact that Popcorn Sutton’s gets its name from and carries on the tradition of famed Appalachian
According to a report on CNN.com, Harper Lee, the novelist who wrote “To Kill a Mockingbird,” is suing her hometown museum for trademark infringement. In the suit, the 87-year-old Lee alleges that the Alabama-based Monroe County Heritage Museum is unlawfully using her fame as well as her intellectual property for its own gain. “The museum seeks
TechCrunch is reporting that Pinterest has filed a trademark infringement suit against personal travel planning startup Pintrips. In addition to trademark infringement, Pinterest is suing Pintrips for trademark dilution, unfair competition and false designation of origin. “This action arises from Pintrips’ decision to adopt a social media brand that is confusingly similar to Pinterest’s, and its refusal
According to a report in Variety, ExxonMobil has filed suit against Fox’s FXX Network claiming the network’s interlocking X logo infringes upon Exxon’s logo. The lawsuit was filed October 1 in the U.S. District Court in Houston. Exxon filed the suit only after it contacted the network and asked it to take down and discontinue
According to The Oklahoman, Hallmark is in a trademark standoff with an Oklahoma City retailer over the use of the name “North Pole City.” The greeting card behemoth had a trademark infringement suit filed against it on September 9 by North Pole City, an Oklahoma City seasonal store that deals in Christmas ornaments and other holiday collectibles.
Converse has accused Autonomie Project of infringing on its iconic-Chuck Taylor All Stars by producing similarly designed eco-friendly sneakers. Boston Magazine has obtained a complaint filed by North Andover-based Converse in the U.S. District Court in Boston on September 9 against the Jamaica Plain-based Autonomie Project for trademark infringement, unfair competition, false designation of origin, unfair business
T-Mobile is alleging trademark infringement by Aio Wireless for using a shade of magenta too similar to its own, according to Forbes. A subsidiary of AT&T, Aio is a low-cost, pre-paid mobile phone service that is new to the market. “With full knowledge of T-Mobile’s use of magenta, AT&T’s subsidiary chose – out of all the colors
Current and former members of iconic punk band Black Flag are facing off over allegations of trademark infringement, according to The Hollywood Reporter. Claiming him and his label, SST Records, own the rights to the Black Flag name and uneven bars logo, Greg Ginn, the founding guitarist of the Hermosa Beach punk group, is suing his
Beverly Hills wine marketer TI Beverage Group Ltd. is suing Terra Firma USA Inc., a wine distributor based in St. Louis, according to Wine-Searcher.com. TI markets wines, such as “Vampire,” “Dracula,” “Chateau Du Vampire” and “True Blood” under the Vampire Vineyards label. Since 2010, Terra Firma has been selling a wine labeled “Dracula’s Bloodlust,” which
Flowboard is seeking a “declaratory judgment of non-infringement of trademark rights” after Flipboard accused it of trademark infringement, according to GeekWire. Shortly after Flowboard, a Seattle-based startup that makes an iPad storytelling app, launched in April, representatives for Flipboard, a popular San Francisco-based digital social magazine, began contacting Flowboard accusing it of trademark infringement. “We tried
According to CBSSports.com, Johnny Manziel, the reigning Heisman winner, may have a trademark infringement dispute to thank for his current troubles with the NCAA. Back in January, eBay doled out two-week suspensions to anyone selling memorabilia that referenced Manziel’s nickname “Johnny Football” or that used the nickname in the description of memorabilia they were selling, even if
On June 19, the court in Bochum, Germany ruled in favor of the Hollywood Chamber of Commerce in a trademark infringement lawsuit, according to Yahoo! Finance. The lawsuit involved the unauthorized use of the world famous Hollywood Sign and the Hollywood Walk of Fame, which are both the Chamber’s licensed trademark properties, by Mensing department store in
After losing a trademark infringement lawsuit, Microsoft will have to rename its SkyDrive cloud storage service, according to PCWorld. In 2011, U.K. broadcaster British Sky Broadcasting (BSkyB) alleged that SkyDrive was infringing upon the “Sky” portion of its name in a lawsuit filed on its behalf in the English High Court. Microsoft was unable to defend the
A U.S. District Court in Santa Ana, California ruled in favor of World Marketing Inc.’s Visitor clothing line over surfwear giant Quicksilver’s VSTR apparel line in a trademark infringement suit, according to California Apparel News. Quicksilver was sentenced, after an eight-person jury found it guilty of infringing on World Marketing’s Visitor menswear label, to pay World Marketing
Frito-Lay lost a trademark infringement case against Medallion Foods, according to IPWatchdog. Frito-Lay’s lawsuit against Medallion Foods alleged trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark Act as well as patent infringement under the patent laws of the United States. The subject of the trial was Frito-Lay’s Scoops design, which it
The United Kingdom-based video game website Eurogamer reported on July 10 that American miniature golf course chain Putt-Putt, LLC sent a cease-and-desist letter to Minecraft developer Mojang. Putt-Putt threatened to sue Mojang over user-generated levels that allegedly infringed upon the Putt-Putt name. However, the problem with Putt-Putt’s trademark infringement claim is that the examples cited by the company were
Last week, we discussed the July 8 GamePolitics.com story about Ontario-based web services company Treehouse Avatar Technologies accusing companies of patent violations. Just two days later, Game Politics reported that it had learned that at least three other independent development studios received letters from the law firm representing Treehouse, all of them appearing to be “almost
Sherman Oaks is a neighborhood in the southern San Fernando Valley that is about 15 miles northwest of downtown Los Angeles. In 2008, the Los Angeles Department of City Planning estimated Sherman Oaks had a population of 65,436. The Los Angeles Times reported that the $69,651 median household income in 2008 was high for the
On July 8, the computer and video game blog GamePolitics.com reported that a law firm representing Ontario-based web services company Treehouse Avatar Technologies sent a legal packet to Bothel, Washington-based Bad Pug Games claiming that the independent development studio “was violating an obscure 858 patent.” Bad Pug is the creator of the space-themed strategy massively
Burbank is a city in Southern California’s Los Angeles County that is approximately 12 miles northwest of downtown Los Angeles, not to be confused with the census-designated place in Santa Clara County at the southern end of the San Francisco Bay area also named Burbank. According to the 2010 US Census, the city of Burbank
Mario Armando Lavandeira, Jr., the blogger known as Perez Hilton, has often been able to circumvent Digital Millennium Copyright Act (DMCA) violations by “transforming” copyrighted images. Hilton frequently writes captions or draws scribbles on the photos that allow him to claim “fair use” protection. However, Hilton has certainly faced copyright infringement allegations on multiple occasions. In November
The technology news website Fusible reported on June 30 that the World Intellectual Property Organization (WIPO) denied a cybersquatting complaint Nintendo of America had filed against the owner of the website WiiU.com. Wii U is the name of Nintendo’s latest video game console, but the video game website Kotaku reported that WiiU.com was actually registered
Century City is a commercial and residential Los Angeles neighborhood in the Westside region of Los Angeles County. The Los Angeles Department of City Planning estimated that it had a population of 5,934 in 2008, but the Southern California Association of Governments estimates that Century City has a daytime population of 48,343. According to the
James Cameron and 20th Century Fox are facing their fourth lawsuit in the past year over the 2009 film “Avatar,” according to the entertainment news website Deadline.com. Fantasy landscape artist William Roger Dean filed a complaint alleging copyright infringement, contributory infringement, breach of implied contact, unfair competition and unjust enrichment against Cameron and Fox on June 27. He
The San Francisco Business Times reported in April that FlightCar, a San Mateo startup that rents out air travelers’ cars for them in exchange for free parking and a car wash had raised $5.5 million in a Series A venture financing round led by General Catalyst Partners. FlightCar, founded by three teenagers, launched earlier this
Jonah Peretti, the founder of the viral content website BuzzFeed, told the Atlantic in an April 2012 story discussed some of the ways that the popular website avoids copyright infringement issues. In addition to licensing fees BuzzFeed pays to Reuters, the Associated Press and Getty Images for use of their libraries, Peretti argued that a lot of
Beverly Hills is a city located in southwestern Los Angeles County. According to the US Census, Beverly Hills had a population of 34,109 as of 2010. The city is well-known for the three-block long shopping district of Rodeo Drive as well as its many posh restaurants, such as Spago. The headquarters for Metro-Goldwyn-Mayer and Live Nation Entertainment are
Over 600 Oregonians were facing copyright infringement charges for illegally downloading a Steven Seagal movie before a federal judge kicked out the case, according to Oregon Live. The defendants started receiving word of the case in March, at which time they were told that their only option was to each pay a $7,500 settlement. However, Judge Ann
On Monday, we discussed a lawsuit filed by filmmaker Jennifer Nelson that seeks to have a court declare the song “Happy Birthday to You” to be in the public domain. That New York Times story noted that another filmmaker, Steve James, had to pay $5,000 to use the song in the 1994 documentary “Hoop Dreams,”
On June 20, the Santa Barbara Independent reported that the Santa Barbara Certified Farmers Market Association is considering a temporary fee hike for vendors in order to pay lawyer’s fees resulting from a complaint filed by two members and one ex-member. The antitrust lawsuit brought by Jeff and Roxanne Hendrickson of Santa Rita Flower Farm
g by Apollo 9 astronauts on March 8, 1969? In fact, it was also featured in the world’s first singing telegram, and the New York Times noted in a June 13 story that it is “widely credited for being the most performed song in the world.” However, you might also notice that many restaurants have
Patrice Désilets, designer of the historical action-adventure video game Assassin’s Creed, left Ubisoft in 2010 to work in the Montreal office of North American video game developer THQ. However, when THQ filed for Chapter 11 bankruptcy in December 2012, Ubisoft was one of several companies that came into purchase some of the developer’s assets in January—one
If your computer is locked and an FBI seal comes across your screen with a demand that you pay hundreds of dollars because of alleged copyright infringement, do not worry. You are not alone. Just be sure not to enter any of your credit card information. The Staten Island Advance reported on June 13 that messages
Culver City is a Southern California city located in western Los Angeles County, and it has a population of 38,883, according to the US Census. A little over a month before Yahoo Inc. agreed to pay $1.1 billion for Tumblr, the six-year-old New York-based blogging network opened its first West Coast branch with a seven-person
The entertainment news website Deadline.com reported on May 30 that the film company Merchant Ivory Productions and the film distribution company Janus Films came to a deal in a copyright infringement lawsuit. Merchant Ivory filed a lawsuit last August alleging that Janus was infringing copyrights by distributing 25 of its films after their licensing deals expired. Janus
Three producers filed a $60 million breach of contract lawsuit over the Oxygen cable television channel’s 2011 reality series “Tori & Dean: sTORIbook Weddings.” According to the Hollywood Reporter, Denny O’Neil Jr., Jake Hall and Charles Malcolm claim that they registered an idea with the Writers Guild in 2007 for a show called “Wedding Rescue,” in which
We have frequently discussed the many concerns that have been voiced regarding the age and limitations of copyright law. As technology continues to evolve, certain groups are pushing for stronger copyright infringement penalties in cases of piracy. In an increasingly global economy, there is also unease about international copyright protection. On May 22, an article published in
The patent litigation battle between Apple Inc. and Samsung Electronics Co., Ltd. dominated a majority of the headlines concerning mobile phone technology, but Bloomberg News reported on May 23 that Nokia Oyj is suing rival mobile phone maker HTC Corp. for selling products in the United States that allegedly infringe three of its patents. According
Less than a week after multiple owners of Washington DC television stations—including Fox, NBC, ABC and Albiritton Communications—filed a copyright infringement lawsuit against digital media entrepreneur Alkiviades “Alki” David’s FilmOn.TV video-on-demand website and his Aereokiller service, the entertainment news website Deadline.com reported on May 28 that David said he was pulling the broadcasters from his streaming service.
As the Wall Street Journal put it in a May 21 story, “It took almost no imagination to pretend that the nameless Rutgers University quarterback in the popular EA Sports NCAA Football videogame was Ryan Hart.” The Rutgers quarterback in the video game exhibited virtually every one of his traits with the exception of his
The Los Angeles Times reported on May 21 that New York Governor Andrew Cuomo sent a “pro forma” letter to Rich Soil, the clothing line launched by NBA star Lamar Odom and designer Jonathan Garcia. According to the Associated Press, Cuomo warned that the logo on one of the brand’s T-shirts could be in violation
Last November, we discussed a Forbes column authored by Eric Goldman in which the Director of the High Tech Law Institute and Associate Professor at Santa Clara University School of Law noted that “there have been countless trademark lawsuitsover competitive keyword advertising” during the last dozen years, but most trademark infringement lawsuits fail. On May 14, Goldman wrote
Mehmet Oz and Phil McGraw are two of the most famous doctors on television, but both have made efforts this month to find a cure for an ailment that normally is not associated with their programs: copyright infringement. On May 6, the Houston Chronicle reported that “The Dr.Oz show” would begin informing viewers about companies illegally
In November 2011, the US International Trade Commission ruled that Nintendo Co. did not infringe on two patents owned by Dublin, Ohio-based Motiva LLC in making its Wii video game system. On May 13, the US Federal Circuit Court of Appeals in Washington DC affirmed that decision, allowing Nintendo to continue importing the Wii into
The multiplayer online video game World of Tanks broke its own Guinness World Record for Most Players Online Simultaneously on one MMO Server in April 2012 when more than 305,000 players were on a European server. At the end of last year, the game had 45 million registered players worldwide. The popularity inevitably led to imitators, but
In February, we discussed the patent infringement case involving Vernon Hugh Bowman, a 75-year-old Indiana farmer who bought agriculture giant Monsanto’s genetically modified soybeans that were intended for animal feed from a grain elevator, planted the seeds and saved some seeds for later plantings. Monsanto requires farmers to buy a new batch every season and claimed Bowman
Harper Lee’s “To Kill a Mockingbird” won the Pulitzer Prize for Fiction after being published in 1960. More than 30 million copies of the novel have been sold in the half-century since, as it has been translated into over 40 languages and the book is required reading at schools across the country. The Associated Press
The British computer and video game magazine Edge reported on May 1 that the Japanese restaurant group Monteroza has filed a claim against Nintendo Co., Ltd. alleging trademark infringement. Monteroza claims that the Wii U WaraWara trademark, used as part of the “WaraWara Plaza” screen that players initially see when turning on the console, is too
Internet memes take many forms, but whether they are images, videos or phrases, it is important to understand that memes are also subject to copyright protection. “Keyboard Cat” is a 1984 video of a cat named “Fatso” in a blue shirt that appears to be playing an electronic keyboard that was uploaded to YouTube in
According to the Hollywood Reporter, Madden NFL, the Electronic Arts, Inc. (EA) game, has sold more than 100 million copies and grossed over $4 billion in sales. The next annual release will be the 25th anniversary edition of the football game. Robin Antonick developed a prototype for a football game on the old Apple II operating
Last month, we discussed US Register of Copyrights Maria Pallante’s March appearance before the US House of Representatives Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary in which she said copyright law is “showing the strain of its age and requires your attention.” On April 24, House Judiciary Committee Chairman Bob
Fox canceled the space western television series “Firefly” in 2002 because of low ratings after 11 of the 14 produced episodes aired, but the series enjoyed strong sales when it was released on DVD and gained a strong cult following. In this video, actor Adam Baldwin—who played the mercenary Jayne Cobb on the show—performs “Hero of
The 2010 Hindi film “Knock Out,”was about a businessman being held hostage in a telephone booth be a sniper. If that sounds similar to the 2003 American thriller “Phone Booth,” you are not alone. As India’s New Delhi Television Limited (NDTV) reported, “Bollywood is known for brazenly borrowing ‘inspiration’ from Western films,” but the country’s
Shortly after its release in 2009 Mobigame’s Edge had to be removed from the US and UK Apple Store because of a trademark claim by Tim Langdell, founder of Edge Games, Inc. Multiple outlets have referred to Langdell as a “trademark troll” because of his recurring tendency to sue any game maker who used the term “edge”
Viacom has filed a copyright infringement lawsuit against Google’s YouTube service for using unauthorized clips of television shows like “The Daily Show,” “The Colbert Report” and “South Park.” The $1 billion lawsuit was first filed in 2007 and a judge sided with YouTube in 2010, although a federal appeals court abandoned the original ruling. On
Country music superstar Garth Brooks has filed a lawsuit that alleges fraud and breach of contract. The Tulsa World reported that Brooks’ former business partner, Lisa Sanderson, claims that “The Red Strokes,” a song from Brooks’ hit 1993 album “In Pieces,” was based on a poem that she wrote. Brooks later founded Red Strokes Entertainment Inc.
The US Register of Copyrights Maria Pallante appeared before the US House of Representatives Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary last month. In her prepared remarks, the director of the US Copyright Office said that a major portion of the current copyright statute was enacted in 1976 but it
Several people believe that fashion cannot be protected by copyright law, but there are several laws that prohibit the sale of counterfeit goods, including the Stop Counterfeiting in Manufactured Goods Act, the Trademark Counterfeiting Act of 1984 and the Anticounterfeiting Consumer Protection Act (ACPA). However, the New York Post reported on April 7 that Councilwoman
A verdict from a federal jury that found networking equipment corporation Cisco Systems, Inc. fraudulently obtained technology developed by patent licenser XpertUniverse Inc.’s and violated two of the New York-based company’s patents. The jury ordered Cisco to pay $70 million in civil fraud damages and an additional $34,000 in damages for the patent infringement claims.
The light-emitting diode (LED) technology was at the center of a recent lawsuit that delivered a financial jolt to one California company. The Alabama Media Group reported that a jury handed down a $3 million verdict in favor of Clarence “Buddy” Scroggins, and his company Complete Lighting Source. Scroggins filed a lawsuit alleging fraud and breach
When Facebook Inc., the owner of the world’s largest social-networking service, unveiled a “timeline” feature on its user pages in September 2011, it was quickly hit with a lawsuit alleging trademark infringement and unfair competition. The lawsuit was filed by Timelines Inc., a Chicago-based company founded in 2007 and started a website in 2009 that lets
WRC-TV news anchor Jim Vance provided some on air commentary regarding the long controversial name of the Washington Redskins. Vance has received numerous honors and awards since joining WRC in 1969, but the opposition to the name and logo of that market’s football team likely predates Vance’s arrival at the Washington DC NBC affiliate. Vance
In Molecular Pathology v. Myriad Genetics, Inc., the Justices will decide whether human genes can be given a patent. “The court’s ruling will shape the course of scientific research and medical testing, and it may alter the willingness of businesses to invest in the expensive work of isolating and understanding genetic material,” the New York Times
We noted in a blog post last week that the recent US Supreme Court decision in Kirtsaeng v. John Wiley & Sons, Inc. held that the first sale doctrine—a section of copyright law that allows an individual who purchases a copy of a copyrighted work the right to sell that particular copy—applies regardless of where the copy
Kirtsaeng v. John Wiley & Sons, Inc., a case heard by the US Supreme Court last October, was such an important copyright infringement matter. The decision in this case was thought to carry potentially devastating implications for individuals and businesses involved in the “gray market,” the trade of commodities through irregular although not necessarily illegal methods. Supap
Motorola Mobility Holdings Inc. is in good shape in the patent infringement lawsuit it filed against Microsoft Corp. Last April, US International Trade Commission Judge David Shaw ruled that Microsoft’s Xbox 360 console violated four of Motorola’s patents and later recommended a ban on the sale of the Xbox console in the United States. However,
This video from the US Patent and Trademark Office (USPTO) discusses the major change to US patent law that took effect this month. On March 16, the USPTO switched from the “first-to-invent” system that has been used for decades to evaluate patent applications to a “first-to-file” system. The Wall Street Journal reported that the USPTO received
While he was working for the the Republican Study Committee (RSC) in November 2012, Derek Khanna authored a policy brief entitled “Three Myths about Copyright Law and Where to Start to Fix it” that concluded with a call for reform. The Washington Post reported that reaction to the memo was enthusiastic, and Khanna said the American
A video from the entertainment website IGN News discusses the $30.2 million verdict that a federal jury in New York awarded an inventor on March 13 after finding Nintendo Co. guilty of patent infringement. Reuters reported that 58-year-old former longtime Sony Corp. employee Seijiro Tomita alleged that Nintendo used a technology he developed for its
A video from the news and politics program The Young Turks discusses, the 2012 song “Harlem Shake” that spawned countless YouTube dance videos after going viral last month. However, the New York Times reported that the popularity was especially surprising to individuals whose records were used in the song without their permission. Philadelphia rapper Jayson
Napa Valley has long been one of the premier viticultural regions in California—if not the United States. The Napa Valley Register reported that one grape grower near the Napa town of Calistoga is filed a lawsuit against a winery last month for an alleged breach of contract. Frederic Constant, owner of Diamond Mountain Vineyard claims that
Earlier this month, we discussed the “Six Strikes” Copyright Alert System (CAS) being used by the five major internet service providers (ISPs) to combat copyright infringement. On March 1, the technology blog Techdirt reported that MarkMonitor, the American brand protection company entrusted by the Center for Copyright Information (CCI) to identify instances of infringement under the “Six
A May 2012 advertisement from satellite service provider Dish Network touts the company’s sports offerings, but Dish threw the flag on the “Worldwide Leader in Sports” when it accused cable television sports programming giant ESPN of breach of contract. On February 28, a federal jury awarded Dish $4.86 million in one of its four breach of
In a video from the technology news website SiliconANGLE, contributing editor John Casaretto discusses whether “rogue” mobile apps are really a danger to the film industry. The segment addresses the takedown notice that Warner Bros. recently sent Google demanding that the company remove the “Hobbit 3D Wallpaper HD” app from its store. As SiliconANGLE host
rs for stealing trade secrets. In its complaint, Express Scripts alleges that former Ernst & Young partner Donald Gravlin “had been sneaking into Express Scripts’ headquarters and stealing confidential and proprietary information belonging to Express Scripts and Medco over the course of several months, with assistance from other E&Y partners and employees.” The complaint alleges Galvin
In a February 19 post to the blog InternetNZ, Susan Chalmers examined the first two cases that came before New Zealand’s Copyright Tribunal as part of that country’s “Three Strikes” copyright infringement program. Chalmers wrote that the written decisions showed that the account holders had a limited understanding of the technology they had been punished for using,
A video posted online shows some of the pictures that street photographer Brandon Stanton has used as part of his Humans of New York photo project. In a February 25 post to his Facebook page, Stanton included a photo a fan had sent him from a DKNY store in Bangkok. “The window is full of
During the final lap of the NASCAR Nationwide Series auto race at Daytona International Speedway on February 23, a multi-car crash sent Kyle Larson’s car airborne and into the catch fence. The crash on the eve of NASCAR’s biggest race of the year, The Daytona 500, sent 14 fans to the hospital after a tire
In 2009, Andy Baio, of CreativeMornings, put together an 8-bit version of “Kind of Blue,” the classic Miles Davis album. Baio’s version was entitled “Kind of Bloop” and he had a friend create a pixel-art version of Jay Maisel’s photo for the iconic cover. The photography blog PetaPixel reported that “Baio meticulously licensed all the
An October 2012 video from the LexBlog Network talks about the risk that social game company Zynga took when it sued a former employee for allegedly taking confidential information to a competitor. This came only a few months after Zynga was defending itself from allegations of trade secrets theft. In business litigation, it is important for lawyers
In an April 2011 RT video, host Alyona Minkoski discusses Google’s plans to censor “pirate sites,” or websites that profit by providing illegal material. While those plans were an attempt to hurt pirate sites by ranking them low in search results, a United Kingdom newspaper recently reported that Google is now planning to implement even
A PBS NewsHour segment recently discussed two patent law cases the US Supreme Court will be hearing this session, with both decisions possibly having profound implications for intellectual property rights. On February 19, the high court heard arguments in Bowman v. Monsanto Co., and oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. are scheduled for
A trailer for Deponia, an adventure game created by Daedalic Entertainment was recently posted online. According to the video game website Gamasutra, it was one of four Daedalic titles that Lace Mamba Global Ltd. agreed to publish and distribute when the developer signed a contract with the British publisher in June 2010. In an open letter
A trailer for the documentary “The Pirate Bay Away From Keyboard” (or “TPB AFK”), which was recently released online. The film is about the 2009 Swedish trial of the four founders of “The galaxy’s most resilient BitTorrent site.” Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström were all found guilty of copyright infringement and were sentenced
According to the Hollywood Reporter, KTLA-TV’s Knutsson started his relationship with the station in 1995 after establishing himself as an expert reporter on technology. Within two years, his reports were being syndicated to about two dozen other TV stations across the country. Knutsson signed a five-year deal with KTLA in 2008, but the CyberGuy claims
A video was released recently that serves as a beginner’s guide to Zynga’s CityVille 2. The game is one of three titles launched last quarter that the San Francisco-based social game developer will be shutting down, according to GamePolitics.com. The decision came after Zynga reported a loss of $448 million for the quarter and a net
A recent survey found that that a common culprit of intellectual property or trade secret theft may be an individual that a company knows quite well: one of its own former employees. The Mountain View, California-based global security software company Symantec said in a recent press release that half of its employees who left their jobs in
In a 1986 interview with Fortune magazine, investor and philanthropist Warren Buffet said that the “perfect amount” of money for parents to leave their children is “enough money so that they would feel they could do anything, but not so much that they could do nothing.” Before musician Ray Charles died in 2004, the singer gathered most
In an April 2011 Associated Press video, University of Southern California intellectual property law expert Jack Lerner summarizes some of the issues in a long-running dispute between rival toy makers Mattel, Inc. and MGA Entertainment, Inc. over the billion-dollar Bratz doll line. Mattel first filed a lawsuit in 2004, alleging that the designer of the toys, Carter
In a video interview with Roy Abramsohn, the actor who stars in the horror fantasy film “Escape From Tomorrow,” which premiered at the Sundance Film Festival, the actor discusses copyright material. Abramsohn plays a father going insane at Walt Disney World, and the movie is garnering attention because writer and director Randy Moore filmed on
Professional wrestler Ric Flair returned to World Wrestling Entertainment, Inc. (WWE) during the December 2012 event. However, several months before that show, rival promoter Total Nonstop Action (TNA) filed a lawsuit against WWE after Flair reportedly backed out of his TNA contract in order to return to the competitor. The other defendant named in the
A timeless video exists online showing a 93-yard punt return for a touchdown by the University of Michigan’s Desmond Howard in a 1991 game against Ohio State. In the end zone, Howard struck a pose similar to the Heisman Trophy, the award annually given to the most outstanding player in college football. Howard indeed went
Back in November, we wrote about a federal judge ordering Canadian video game developer Silcon Knights to recall and destroy all unsold copies of Too Human. This was the result of a nasty court battle beginning in 2007, and the judge also ordered all other games containing North Carolina-based Epic Games’ Unreal Engine 3 game engine be recalled
A music video exists for the 2010 song “Kool Aid & Frozen Pizza” by Pittsburgh rapper Mac Miller. The track appeared on Miller’s mixtape K.I.D.S., which Rolling Stone said “became a breakout Internet hit for the then-rising rapper.” However, hip hop artist and producer Lord Finesse claimed that “Kool Aid” used beats from his own 1995
The technology news and information website Ars Technica reported that Sunnyvale, California-based chipmaker Advanced Micro Devices, Inc. (AMD) filed a lawsuit against four former employees it alleges “collectively downloaded over 100,000 files onto external hard drives in the six months before leaving” to join competing graphics chip maker Nvidia. The company also alleges that the
In late 2012, networking giant Cisco Systems Inc. launched a marketing and branding campaign with print, television and web advertisements featuring the tagline “Tomorrow Starts Here.” As the technology news website All Things Digital noted, the campaign came after a year of “gut-wrenching round of layoffs” that involved the company cutting 6,500 jobs and eliminating
An informational video about “Transaction Point,” a real estate software system developed by the Jacksonville, Florida-based title insurance company Fidelity National Financial is available online. Fidelity developed “Transaction Point” and its web-based referral system in 2002 to assist brokers in preparing transaction documents and ordering related real estate settlement services, such as escrow, title insurance
Shortly after Christmas, Sony Music released a compilation of Bob Dylan recordings that the New York Times reported “is bound to become one of his most collectible albums.” Sony produced only about 100 copies of “The 50th Anniversary Collection,” a four-CD set of previously unreleased studio outtakes and live recordings from 1962 and 1963. Copies
On New Year’s Eve, a New York Times story discussed how the billions of dollars that consumers and businesses spend every year on antivirus software “rarely, if ever, block freshly minted computer viruses … because the virus creators move too quickly.” The increase in the number of viruses as well as their sophistication has forced
Sylvester Stallone directed, co-wrote and starred in “The Expendables,” a 2010 action movie that grossed over $100 million in the United States and more than $270 million worldwide. It led to 2012 sequel that earned even more money than the original, and a third “Expendables” film is currently in development. Corporate speechwriter Marcus Webb, however,
While the creators of the internet role-playing game (RPG) Tweeria describe their creation as a “lazy Twitter RPG,” its fans have been quite active as the game accumulated 14,000 registered users and garnered approximately 18,000 visits a day. However, the technology news and information website Ars Technica posted an interesting examination of Tweeria in December
On December 2, 2012, he 2nd US Circuit Court of Appeals in New York issued a decision that Reuters said “may make it easier for US companies to crack down on alleged computer theft that occurs in remote locations, including outside the country.” Reversing a lower court ruling, the appeals court said American chemical company
Kim, Kourtney and Khloé Kardashian introduced their cosmetics line, Khroma Beauty, last year. While the makeup has been garnering some headlines, it has not been for the reasons that the reality television stars might have been hoping. In November, the owners of Beverly Hills–based cosmetics company Chroma Makeup Studio issued a public statement complaining that
There was widespread outrage and furor when the online photo sharing and social networking service Instagram released an updated version of its privacy policy and terms of service on December 17, 2012. Some of the changes that prompted the backlash included: Instagram claiming it could share information about its users with its parent company, Facebook,
In September, the video game website Kotaku reported that organizers for GaymerCon, an effort to convene the “first gaming and geek lifestyle convention with a focus on LGBT culture,” dramatically exceeded its initial $25,000 funding goal by raising $91,389 and ensuring that the event can be held next August in San Francisco. However, Kotaku reported
Los Angeles business litigation lawyer Robert Klein and all of the Los Angeles business litigation attorneys at Klein Trial Lawyers hope all of our readers and their families have a happy and safe 2013.
“Girl on Fire” is the title track to an album of the same name released this year by Grammy-winning singer-songwriter Alicia Keys. While the song was widely acclaimed, a November 25, 2012, post to the entertainment industry news website Showbiz411.com by founder and editor Roger Friedman noted that “like a lot of Keys’s songs, it
In a video, professional golfer Rory McIlroy talks about some of the benefits of wearing apparel made by Foothill Ranch, California-based sports equipment manufacturer Oakley, Inc. However, after Fox Sports reported that the No. 1-ranked golfer in the world signed a deal with Nike Golf last month that is worth “at least” $200 million, Oakley
In a post to its “Policy by the Numbers” blog on December 11, 2012, Google Legal Director Fred Von Lohmann announced the company was providing information about how often it removes search results that link to material that allegedly infringes on copyrights. Whereas the internet search giant received 250,000 copyright removal requests per week when
Los Angeles business litigation lawyer Robert Klein and all of the Los Angeles business litigation attorneys at Klein Trial Lawyers would like to wish our readers and their families a happy and safe holiday today.
On December 6, 2012, California Attorney General Kamala Harris issued a press release announcing that she had filed a lawsuit against Delta Airlines, Inc. for failing to include a privacy policy within the company’s “Fly Delta” mobile application. The release said it was the first legal action under California’s Online Privacy Protection Act, which requires
TED (Technology, Entertainment and Design) is a set of conferences from the non-profit Sapling Foundation that was formed to disseminate “idea worth spreading.” Past speakers have included former president Bill Clinton, Bill Gates and numerous Nobel Prize winners. In June 2006, the presentations became offered for free viewing online, and last month, the TED Talks
In 1983, Hasbro began producing “My Little Pony” plastic toys that were primarily marketed to young girls. The original toy line ran for a dozen years, but as a video from the PBS biweekly Idea Channel web series notes, the 2010 fourth generation incarnation of the ponies led to a television program that appealed to
A Wall Street Journal video discusses Marissa Mayer, the businesswoman who was Google’s first female engineer and held key roles with the multinational corporation before being appointed president and CEO of Yahoo in July 2012. The move made the 37-year-old Mayer the youngest CEO of a Fortune 500 company, but she is now facing what
The Virginian-Pilot reported that 36-year-old Dennis Newsome was sentenced on December 3, 2012, to 11 months in prison and nine months on house arrest for copyright infringement. According to a news release from the US Attorney’s Office for the Eastern District of Virginia, the Beacon, New York man “also forfeited assorted computers, hard drives, and other
Bloomberg News reported that a former GM engineer and her husband were convicted of stealing trade secrets on hybrid-car technology from the automaker to help develop similar vehicles in China. According to Bloomberg, ex-employee Shanshan Du allegedly copied GM’s private information on the motor control of hybrids and provided documents to her husband, Yu Qin. Qin allegedly
E.L. James’ erotic novel Fifty Shades of Grey became a worldwide phenomenon when it was published in 2011, inspiring many satirical readings, setting various paperback sales records and even coining a new term: “mommy porn.” However, after Los Angeles-based Smash Pictures, an adult film production company, produced an actual pornographic movie entitled “Fifty Shades of Grey: a
The Associated Press reported on November 27, 2012, that a Grammy-winning band has settled copyright infringement lawsuits against Pizza Hut and The Home Depot. The Black Keys alleged misuse of its songs “Lonely Boy” in a Home Depot commercial for power tools and “Gold on the Ceiling” in a Pizza Hut advertisement. The terms of the settlements
This past August, a San Jose, California, jury awarded over $1 billion in damages to Apple Inc. in its intellectual property case against Samsung Electronics Co, Ltd. At a hearing tomorrow, Samsung will attempt to have the jury verdict overturned while a judge is also expected to rule on whether to ban several Samsung products from the
Kansas City, Missouri-based Hallmark Cards, Inc. has long been the largest manufacturer of greeting cards in the United States ever since being founded over a century ago. For the past seven years, Hallmark had been engaged in a legal dispute with Monitor Company Group of Massachusetts. On November 19, 2012, the Kansas City Star reported
On Wednesday, we referenced a copyright infringement lawsuit that Warner Bros. settled last year in regards to tattoo art it used for “The Hangover Part II.” On November 20, 2012, Bloomberg reported that the estate of late author J.R.R. Tolkien is suing Time Warner Inc.’s Warner Bros. Entertainment unit for alleged copyright infringement and breach of contract. The
A video released online recently shows gameplay from THQ’s UFC Undisputed 3. The attention to detail on American mixed martial artist Carlos Condit (one of the fighters featured in the clip) includes a striking recreation of a lion tattoo on the welterweight’s rib cage. However, the video game website Kotaku reported on November 17, 2012, that
The German game company Ravensburger claims to have first published the board game “Memory” in February 1959. While there have been many variations of the game since its original release, Ravensburger holds the trademark for the word in more than 40 countries. The trademark protection does not extend to the United States, but the video game news
Canadian video game developer Silicon Knights was ordered to recall and destroy all of its games containing North Carolina-based Epic Games’ Unreal Engine 3 game engine. The video game news website Gamasutra reported on November 9, 2012, that North Carolina District Judge James Dever stated that Silicon Knights “repeatedly and deliberately copied significant portions of
On Monday, we discussed the settlement Google reached with Rosetta Stone in a trademark infringement lawsuit the language learning software company had filed against the search engine website three years ago. On November 8, 2012, Eric Goldman, Director of the High Tech Law Institute and Associate Professor at Santa Clara University School of Law authored a column for
The Washington Post reported on November 1, 2012, that language learning software developer Rosetta Stone Inc. agreed to drop the trademark infringementlawsuit it filed against Google three years ago after the two companies reached a settlement. Rosetta Stone sued the search site in 2009, accusing it of selling trademarked phrases like “Rosetta Stone” and “language library”
Michael “Shagg” Washington claims to be a backup singer for Cypress Hill, but the hip hop group tweeted in December 2010 that he “is in no way affiliated or associated with the band in any way.” Washington also claimed to have met in 2003 with a group of game developers to discuss details of his
A video released online recently discusses the so-called “six strikes” anti-piracy system agreed to by the Motion Picture Association of America (MPAA), Recording Industry Association of America (RIAA) and five major Internet service providers (ISPs). All of these groups helped fund the Center for Copyright Information (CCI), but the CCI’s selection of the digital risk
The video game news website Gamasutra reported on October 31, 2012, that independent game studio Checkpoint is suing Japanese publisher Marvelous AQL and other parties for breach of contract, theft of trade secrets and other claims. Gamasutra reported that the complaint filed by Checkpoint CEO Brian Wiklem states that Marvelous paid the studio $2.5 million in startup costs
The United Kingdon’s Croydon Guardian reported on October 19, 2012, that 41-year-old Justin Success Brooks pleaded guilty to seven counts of fraud after selling thousands of counterfeit cartridges of popular games for the Nintendo Wii, DS and DSi consoles. According to the Guardian, Brooks made an estimated £600,000 (over $962,000) from online sales of the
The November 30, 2009 “Sexiest Man Alive” issue of People Magazine included an advertisement from General Motors (GM) promoting the company’s Terrain SUV. The GM ad featured the muscular, shirtless torso of a male underwear model with the head of legendary scientist Albert Einstein. The ad also included the tagline “Ideas are sexy too,” and
On October 15, 2012, the Puget Sound Business Journal reported that 37-year-old Sang Jin Kim was sentenced to 40 months in jail and ordered to pay more than $400,000 for his role in downloading and selling pirated material. In July 2012, the US Department of Homeland Security’s Immigration and Customs Enforcement (ICE) issued a press
“The Black Eyed Peas Experience,” trailer was released late last year for Wii and Kinect. However, publisher Ubisoft believes there should have been versions for Apple’s iOS platforms as well. The video game website Player Attack reported on October 16, 2012, that Ubisoft has filed a $1 million lawsuit against BEP Music, LLC, the band’s trademark holders.
A PBS NewsHour segment recently discussed protests in Cairo, Egypt, following the anti-Muslim film trailer that sparked other riots across the Middle East. The segment also includes a discussion about the individual who made the film, “Innocence of Muslims.” Los Angeles Times writer Rebecca Keegan says in the video that many of people who were
Last fall saw what most intellectual property experts regard as the biggest change to patent law in the US since the Patent Act of 1952. On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”) into law, and it brought several major changes to patent law in the United States. This week
A brief introduction There are many options to choose from when it comes to deciding on the best company structure for your fledgling business. While starting a new business can often seem as daunting a task as reaching the summit of Mount Everest, or bungee jumping into a crocodile den, it doesn’t necessarily have to
Although trade secrets law is, at least for now, a mix of state and federal law, the trend has been for it to increasingly become federal and uniform. This is largely a result of its increasing importance. Companies’ most valuable assets today are no longer physical plants and raw materials, but intellectual property and employee
Unfair competition law in California lets businesses and consumers sue companies that engage in fraudulent or unlawful conduct. This area of the law prevents consumers from being misled by deceptive advertising, and it punishes businesses that violate professional standards in order to trick consumers into parting with their money (California’s Unfair Competition Law specifically references
Two forces shape unfair competition law in California – the Unfair Competition Law (“UCL”) itself and 2004’s Proposition 64, which California voters passed to limit the right to sue on unfair competition grounds in certain circumstances. Additional details on unfair competition law are available from a Los Angeles business litigation lawyer. What constitutes unfair competition? The
As people who work at a tech company are well aware, the tech industry typically exists outside of the regular 9-5. When new ideas require developing or when a product is set to launch, employees can find themselves working at all hours of the day. They can also find themselves working away from the office,
In many ways, California tends to err on the side of workers. Non-compete agreements are generally invalid altogether in the state. When it comes to trade secrets cases, California courts have rejected the “inevitable disclosure” doctrine, which claims that employees who go to work for a competitor inevitably disclose trade secrets to their new employer. Last week,
Some tech companies have not been shy about using legal tools to protect their intellectual property rights. Apple, Microsoft, Yahoo and Research in Motion are several of the biggest tech companies that have been known to take competitors and alleged infringers to court over intellectual property. In contrast, fewer video game companies have exhibited this same
Meta tagging presents an interesting case for intellectual property law. Meta tagging refers to tags, or words, that web site designers place into the source of a web page. If you right click on a website and select view source, you can see these tags. They are a way of describing what the web site
Much like businesses protecting their trademarks, celebrities similarly have to be aggressive protecting their publicity rights. While sometimes their actions may come across as a bit overbearing (Apple’s “appstore” lawsuits have received this criticism), companies and celebrities have to do this in order to protect their trademark and publicity rights. If they do not, a court
Trademark distinctiveness is the measure by which a court will determine whether you have a valid trademark. In a post last week, we mentioned the strong versus weak trademarks. Today, we discuss the scale that courts often use when determining where a trademark falls. At the top of the scale are strong trademarks like fanciful or
The Teachings of Don Juan is a 1968 anthropology book by Carlos Castaneda that continues to inspire many followers. Castaneda said that the book documents his time between 1960 and 1965 with a Yaqui sorcerer (the Yaqui are a Native American tribe from northern Mexico). Castaneda used a term “tensegrity” to refer to several meditative stretches
Towards the end of this past summer, our Los Angeles business litigation lawyers filed a patent infringement lawsuit against the maker of a rival sleep mask. The lawsuit stems from what is known as a utility patent. Utility patents are the most common types of patents that the US Patent and Trademark Office (“PTO”) grants. They cover
Copyright law usually excludes basic items like clothes, silverware or furniture from copyright protection because they are strictly utilitarian items. If the law protected these types of things, the fear is that it would limit people’s options to obtain basic items since there would be numerous copyrights covering forks and spoons, for example. The law refers
As we have discussed, parodies are often safe from trademark infringement claims. The dangers of a person confusing an actual product with a parody are a lot less than someone selling imitations that closely resemble the actual product. Two internet sites – the parody site Lamebook.com and the ubiquitous Facebook.com – recently squared off over
Earlier in 2011, a federal judge in the state of Washington declared the state’s publicity rights law in violation of the federal constitution. The case originated from merchandise pertaining to 60s rock icon Jimi Hendrix. Hendrix’s estate sued a retailer that sold t-shirts, posters and other merchandise relating to Hendrix. His estate sued on trademark infringement grounds,
Cybersquatting is a new type of trademark infringement that came about with the rise of internet technologies in the past two decades. Whereas as squatting typically refers to someone living in a building that he or she does not own, cybersquatting refers to people or businesses that register an internet domain name and then offer to sell
I just obtained a judgment for my client in the amount of over $1.2 million. I was representing a building contractor who hired a subcontractor on a project. The subcontractor negligently performed his contract. We sued and obtained a judgment as stated above.
Representing celebrity clients, I sued an individual and his corporation for using my clients’ name and likeness in a commercial activity without their consent. The individual defendant hired a very bad lawyer who concealed from me during discovery that his client had sold the company before I named him as a defendant. Had I known
The courts often require the parties to try to settle their lawsuits by submitting the matter to a neutral for a non-binding mediation. One of the difficulties is getting everyone to agree on a mediator. Mediation is only useful if both sides have investigated their respective cases, had sufficient discovery so they know all the issues and evidence both
It is common to retain expert witnesses in civil and business litigation. Expert witnesses are people who possess a special knowledge in a particular area that is not know, or beyond the common experience of a lay person. I have a case where there is an issue of emotional distress damages due to post traumatic stress. To
California has a law that protects a celebrity’s right to control their publicity. If someone uses another persons name, image, or likeness without their consent, the wrongdoer is liable for actual damages. This usually happens when someone wants to exploit a celebrity’s status to promote their own economic objectives. Under Civil Code §3344 any person who uses another persons
There are three different standards of appellate review. The easiest burden for an appellant is the independant or de novo review. That is when the Court of Appeal reviews the case in full as if it were being presented for the first time. This standard of review applies when the contract interpretation is the issue
As a Los Angeles based business litigation attorney representing small to medium sized companies, I often need to address lawsuits brought by former employees. In these lawsuits the fired employee usually claims they were unfairly fired because they did nothing wrong or their boss had it out for them. The issue is often whether the
I often litigate unfair business competition cases. These cases can arise in a variety of settings including actions for trademark infringement, trade secret misappropriation, or business torts including interference with contractual relations. In Federal Court, the Lanham Act is the federal unfair competition statute that protects consumers from trademark infringement or false advertising. In California
Anyone involved in business litigation or a business litigation attorney who practices in this area has been faced with an opponent who lists several expert witnesses on their expert witness designation. The statute requires each side to list the experts they intend on calling at trial. In this designation, each attorney is required to give
Certain lawsuits are not favored by the courts. These include any lawsuit that could impinge on another’s right of free speech or right to petition the court for relief. This later category includes lawsuits for malicious prosecution, abuse of process, or defamation. There is a statute that allows for a motion to dismiss any of
I am the lead trial attorney on a case that has been pending for over 10 years. My client was an internet service provider (ISP) that entered into a contract with a marketer of a device that allowed people to access the internet by using their televisions as a monitor. Shortly after that contract, this
I recently tried a case before the American Arbitration Association that was submitted to binding arbitration based upon a contract between the parties. The contract was for construction services and contained an arbitration clause which essentially stated that any dispute arising out of the contract was to be subject to binding arbitration before the American
In cases involving business torts, including lawsuits for intentional interference with contract, the measure of damages is generally the lost profits and expenses incurred. A substantial body of older cases stated that lost profits of an unestablished or new business cannot be recovered. A diminishing number of states still follow what is known as the
I have been a business litigation attorney for nearly 25 years and have been lead trial counsel in about 60 trials. A few years back I was the lead trial attorney in an extensive lawsuit for unpaid wages filed by 36 former employees of my client. The trial lasted 5 months. The jury came back
As we all know we are experiencing the worst economic times since the great depression. The unemployment rate is the highest in many years. It is important to understand that unemployment figures are a lagging indicator of a weak economy. The reason is simple. When companies experience weak sales they cut back on manufacturing orders
Unfair competition is a commercial tort or civil wrong, however the tort of unfair competition is difficult to define. In our system of law we set limits on a minimum level of “fairness” in competition. In other words, it is illegal to compete “too hard”. The courts have had little success in defining unfair competition
In order to prevail on a claim that someone stole or misappropriated (as used in legal jargon) your trade secret, you not only have to prove the trade secret was subject to efforts to keep it secret, you also have to show it had economic value to people other than yourself. A recent case called Yield
Employers who sign Collective Bargaining Agreements with labor unions may find it difficult to cancel those agreements according to the terms of the agreement and may also find it difficult to defend themselves if the labor union sues to collect money owed for unpaid fringe benefit contributions. If the Labor Union decides to sue for
