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
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
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,
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
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
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 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
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
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,
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
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
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
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
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
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
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
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
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
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
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
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
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.
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,
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
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
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
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
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
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
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,”
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
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
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
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
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
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
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
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
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
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
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 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.
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
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
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
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
