18
May/18

Text of 9th Circuit Decision in adidas v Skechers (three stripes)


Justia summary: Skechers challenged the district court’s issuance of a preliminary injunction prohibiting it from selling shoes that allegedly infringe and dilute adidas America, Inc.’s Stan Smith trade dress and Three-Stripe trademark. The panel affirmed in part, holding that the district court did not abuse its discretion in issuing the preliminary injunction as to adidas’s claim that Skechers’s Onix shoe infringes on adidas’s unregistered trade dress of its Stan Smith shoe. However, the panel reversed in part, holding that the district court erred in issuing a preliminary injunction as to adidas’s claim that Skechers’s Cross Court shoe infringes and dilutes its Three-Stripe mark.



11
May/18

Text of SDNY Alibaba v Alibabacoin decision


Alibaba fails to show that defendant promoting ALIBABACOIN crypto-currency, has minimum contacts with NY.



8
May/18

10,000 Dead Bugs and All Similarly Situated


My colleagues Mel Garner, Rob Isackson, Lauren Emerson and I co-authored an amicus brief on behalf of the New York IP Law Association, filed in a Federal Circuit appea, Syngenta v Willowood. We argued that FIFRA, the Federal Insecticide, Fungicide and Rodenticide Act, does not preclude application of the Copyright Act, and thus a copyright claim could conceivably be brought against a pesticide label. We attached illustrations of potentially original, distinctive ways of rendering dead bugs.



20
Apr/18

DNC sues Russia, Trump, Wikileaks, and many others


Democratic National Committee sues, among others, Russia, Wikileaks, the Trump Campaign, and many others, over DNC email hack



17
Apr/18

ExxonMobil Moves To Dissolve 1967 Injunction Against use of ESSO Trademark


ExxonMobil moves to dissolve an injunction from 1967 enjoining it from using the mark ESSO in several southern states. Seems to be too much background to get into during working hours. Here’s some.



3
Apr/18

Alibaba v AlibabaCoin (for an ICO)


TRO signed by use of ALIBABACOIN for Dubai-based ICO venture. Memo of law below.

News coverage here



3
Apr/18

Text of Decision in SDNY Cybersquatting Gripe Site case: McAllister Olivarius v McAllisterOlivariusTruth.com


Law firm McAllister Olivarius sues a client for unpaid bills. Client registers the domain name McallisterOlivariusTruth.com. Law firm sues for cybersquatting. Client moves to dismiss. Motion to dismiss denied.



3
Apr/18

Blockchain Nation v Blockchain Nation




29
Mar/18

NY Court Of Appeals: Modern Beach-Going Young Woman Not Identifiable As Lindsay Lohan


Lohan v Take-Two Interactive:

Lindsay Lohan’s New York right of publicity suit against the publishers of Grand Theft Auto, arising from use of avatar Lohan asserted was a ‘portrait’ of her, dismissed by NY Court of Appeals:

“.. . we conclude that the amended complaint was properly dismissed because the
artistic renderings are indistinct, satirical representations of the style, look, and persona of
a modern, beach-going young woman that are not reasonably identifiable as plaintiff . . .”

lower court decision here.



29
Mar/18

D NJ: No Personal Jurisdiction Over Hallmark Cards in New Jersey


Appeal of TTAB inter partes decision to district court: Neither general nor specific jurisdiction over Hallmark Cards in New Jersey.