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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
