The background of the ESCAPE FROM ALCATRAZ Triathalon seems to be complex, according to the Wikipedia entry at least. Here, defendant triathalon director split from plaintiff triathalon promoter, to organize another triathalon taking place on Alacatraz and calling it the ALCATRAZ TRIATHALON. Plaintiff sues based on its registered rights in ESCAPE FROM ALCATRAZ.
Complaint
“Case Study” of Design Within Reach’s Move To “Knock-Offs” Plus Questions For Discussion
Design Within Reach, a retailer of designer furniture, used to promote itself as ‘The source for licensed classics,’ selling modern classics such as the Barcelona Chair and Eames Chair. This earned it a certain following but also a non-following who referred to it as ‘Design Out Of Reach.” This FastCompany article details its current finanical
Giardiniera-Variety Trademark Case
From our continuing series of trademark cases involving garnishes, here is a memo of law from the owner of the SCALA mark for giardiniera, a pepper-based sauce for meatball and sausage sandwiches. Plaintiff believes that it terminated defendant as licensee. Defendant states on its website that it purchased the giardiniera business from plaintiff.
Memo Tro
YooHoo v Beanie Boos re Crossed Big Pupiled Colored Iris Eye Dolls
Aurora, seller of YOOHOO AND FRIENDS plush dolls sues Ty, maker of BEANIE BOOS plush dolls for copyright and trade dress infringement, regardnig dolls that have crossed eyes, big pupils and colored irises.
The photograph of the Beanie Boos was taken by Sondra Schlossberg.
Memo Yoohoo v Beanie Boo Copyright Trade Dress
Philip Morris v. Various Groceries Selling Cigarettes
This is a complaint Philip Morris brought against six grocery stores and ten John Does, for selling counterfeit cigarettes. What’s interesting is how the Court will handle the joinder of these defendants – I did not see allegations in the complaint of any sort of connection between them (apart from the allegation that they all
Who Is The LAWYER OF LOVE?
Playboy sues divorce lawyer/former columnist/former Playboy model, for filing application for LAWYER OF LOVE (name of her Playboy column). I would assume LAWYER OF LOVE was a generic term for trademark lawyer. Defendant owns a registration for the mark LIFE’S SHORT, GET A DIVORCE. Background here.
Complaint Lawyer of Love Playboy
US Polo Association v Ralph Lauren re POLO and Horses
The US Polo Association and Ralph Lauren have been fighting since 1984 over logos using the word POLO and depicting horses. The background of the this dispute is set out below in the Polo Association’s complaint in a new declaratory judgement action.
Noting the success of the Polo Association’s licensing program, I will be reaching
Extra-territorial Application of Lanham Act to 43(a) False Advertising Case
I think this is an unusual decision, so if you know of similar ones, please send them along. A Southern District of New York court last week denied reconsideration of its refusal to dismiss a 43(a) false advertising claim arising from activities in Germany. In so doing it adopted an expansive view of the reach
U.S. Government As Plaintiff In Trademark Suit
Here’s something you don’t see every day. The USG owns the mark ARMED FORCES INSTITUTE OF PAHOLOGY or AFIP. Defendant allegedly implies endorsement with or some other connection to AFIP.
Complaint Us Afip
Oral Contract Not Worth The Email They’re Printed Out On
Plaintiff, movie distributor (The Weinstein Company), attempts to obtain exclusive license to distribute movie. It emails producer “We confirm that we accept your offer.” Producer immediately emails back “we’re going over the terms, we’ll get back to you.” (my paraphrase). Then producer does the deal with a different distributor. Distributor attempts to argue either (1)