29
Jan/10

The Person You Send A Demand Letter To May Know A Senator


Here is a post about the MONSTER v VERMONSTER trademark dispute, which dispute Senator Leahy denounced as ‘trademark bullying,’ when introducing the Trademark Technical and Conforming Amendment Act of 2010.



28
Jan/10

iPad v iPad


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Fujitsu Transaction Solutions filed a used based application on March 7, 2003, for IPAD, covering ‘handheld computing device for wireless networking in a retail environment,’ stating a date of first use of January 8, 2002. It was published recently and Apple has taken an extension of time until February 28, to oppose.
Apple’s date of first use for the iPod is October 23, 2001.



26
Jan/10

THE TOY BOOK and BIG TOY BOOK v BIG BOOK (of Toys)


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Publisher which had licensed Toys R Us to use THE TOY BOOK and BIG TOY BOOK (after dispute) sues for TRU continuing post-license use of BIG BOOK.
Complaint Big Toy Book



26
Jan/10

Plaintiff Gets Over Aquiescence Hump


Go to the iTunes store and listen to 30 seconds of “I Need A Freak,” recorded in 1983 by the band Sexual Harrassment. This song was licensed by one of defendants (dba Sexual Harrassment) to the Black Eyed Peas for use in ‘My Hump’ in 2005. Plaintiff alleges he wrote the song. Defendant alleges acquiescence. SDNY dismisses defense on summary judgement.
Decsiion Acquiescence Copyright Hump



22
Jan/10

Chartered Financial Analysts v Charted Securities Analysts


Owner of CFA and CHARTERED FINANCIAL ANALYSTS marks sue user of CSA, CERTIFIED SECURITIES ANALYSTS and CHARTERED SECURITIES ANALYSTS marks.
Complaint Cfa v Csa



22
Jan/10

TRO Denied re Parody of Prop 8 Group's Logo


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Anti-prop 8 advocacy group uses parody of pro-Prop 8 advocacy group. TRO of parody denied. Trademark Blog Coulrophobia archive here.
Decsion Protect Marriage Parody



20
Jan/10

Berne Doesn't Seem To Be Self-Executing


Sometimes decisions are interesting because the issue in contention is so apparently uninteresting (by this point). The Berne Convention pretty much (but not exactly) says that it is not self-executing. There are many U.S. decisions that say that it is not self-executing (and every SDNY decision holds that it is not). Congress, when it implemented Berne, concluded that it was not self-executing, and considered whether it needed to amend Section 412 of the Copyright Act (which requires plaintiff to have registered its work in order to be eligible for statutory damages), in view of Berne’s provision that ‘the exercise of rights not be subject to any formality [such as US registration].” It then consciously decided not to amend Section 412. Courts have held that the 412 requirement doesn’t contradict Berne, as statutory damages are the enhancement of a right, not a right in and of itself.
Here, plaintiff seeks statutory damages for unregistered foreign copyrights, arguing that Berne preempts Section 412, which argument the Court quickly dispatches. All I’ll say is: that’s interesting.
Decision Reed Elsevier Berne



20
Jan/10

Third Quarter Statistics Re Trademark Filings


CSC’s TRADEMARK INSIDER is out. Companies that filed a lot of trademarks in the 3d Q, 09, in addition to the usual suspects (Time Warner and Mattel are nos 1 and 2), incude the United Football League, the Big Balloon Adventure Movie and Jake’s Fireworks.



20
Jan/10

Infringement and/or Breach of Contract and/or Fraud


Discussion of pleading standards in SDNY re trademark infringement and/or breach of a license agreement and/or fraud.
Decision Houbigant Breach Contract Fraud Infirngment



15
Jan/10

SDNY Decision on ABBOUD After 2d Cir Remand


Court sets out manner in which Joseph Abboud may use his own name after having sold ABBOUD trademark.
Decision Abboud Jan 12 10