20
Sep/14

Several Recent District Court Decisions




18
Sep/14

SKINNY POP POPCORN Seeks Broad Scope in SKINNY Family


skinnypop

Skinny Pop Popcorn claims family of SKINNY marks; goes after OH SO SKINNY popcorn.

skinny pop.pdf



16
Sep/14

Bailey Button trade dress action? Ugh.


ugg one baily button

Deckers (owner of the UGG brand) has been going after ‘Bailey Button’ knock-offs. I blogged a complaint against Wal-Mart here.

Deckers also sued JC Penney on multiple grounds. Penney moved to dismiss. The design patent action survived. The ‘passing off’ action was dismissed under Dastar, under the ‘please don’t use trade dress to create a perputual patent/copyright right’ rationale.



15
Sep/14

Recent TTAB Filings




15
Sep/14

Google Gets Sued For Not Taking Down A Hosted Website


advanced baseball v google.pdf



15
Sep/14

Potential Class Action Relating TO VIPTERA genetically modified corn


Syngenta released a genetically modified corn seed named VIPTERA, prior to Chinese approval of this particular modification. This allegedly led to losses due to U.S. exports being refused and distortion of market prices. Syngenta has already been involved in Lanham Act claims relating to a US grain elevator operator, Bunge, refusing to accept VIPTERA shipments.

Now Syngenta faces a potential class action from corn growers.

syngenta complaint.pdf



12
Sep/14

Some Recent TTAB Notices of Opposition




12
Sep/14

CANNABIS BEAUTY DEFINED v CANNABIS BEAUTY DEFINED


cannavest v kannaway.pdf



11
Sep/14

Failure to prove trademark rights dooms UDRP against VERB.COM




11
Sep/14

NY GBL 349: Plaintiff must allege injury beyond tm infringement