Start with a famous mark such as ROLL ROYCE, have defendant copy it, have defendant not show up, have two plaintiffs awarded $1 million each.
Decision Rolls Royce Default
February 2010
SDNY: Demand Letters, Declaratory Actions and the First to File rule
SDNY: Motion to transfer granted following ‘first to file’ rule. Discussion as to what extent a Declaratory Judgement filed in response to a demand letter will not be recognized as a first filing.
Decision Motion to Transfer First to File
TTAB: CITIBANK v CAPITAL CITY BANK
I Will Be Part of a Panel on Fan Fiction and Mash-Ups At The Copyright Society Lunch in Manhattan This Wednesday
Trade Dress Suit re Lacrosse Helmets
Plaintiff (represented by friend of the blog John Welch) sues New Balance alleging infringement in trade dress of lacrosse helmet.
Complaint Sports Helmet
DOCTORS WITHOUT BORDERS v PATIENTS WITHOUT BORDERS
Heart Attack Grill v Heart Stoppers for Burgers
Laughing in the face of death, Heart Attack Grill sues Heart Stoppers (both are burger restaurant) for infringing use of ‘high caloric food, medically themed’ burger. Both places offer quadruple burgers, have wait-staff wearing nurses uniforms, etc. Both places allow people over 350 to eat free. Heart Attack Grill seems to have only one location…
Marilyn Monroe’s Ghost Spotted Drafting Legislation In Albany, New York?
Dead celebrities have lobbied NY state senators to introduce S06790, a bill to amend NY civil rights law to add a 70 year post-mortem right to prevent the use of the persona of a deceased personality. The ghost of Marilyn Monroe may have been among the lobbyists, because Section 12 of the bill seems to…
My Huffington Post Column On The WHO DAT Dispute
Pryor Representation Doesn’t Create Conflict
Law Firm reprented Plaintiff in a prior trademark litigation. Plaintiff sues Defendant, one of Law Firm’s other clients, and Law Firm is retained to represent Defendant. Plaintiff moves to disqualify Law Firm arguing that either (1) Law Firm concurrently represents Plaintiff as a result of the prior litigation; or (2) this suit is substantially related…