4th Circuit: Can State Courts Decide What Might Be Lanham Act Claims?
Defendant sues plaintiff in Virginia state court for defamation and ‘common law’ trademark infringement. It is contested whether a Lanham Act claim was made. Plaintiff brings DJ action in fed. court, fed, court remands back to state court. 4th Circuit concedes that there is jurisdiction in fed court but jurisdiction here under the DJ Act
Small Dispute: BATTLE FOAM v FOAM CORPS For Storing Miniatures
No market sector too small for a trademark dispute. BATTLE FOAM v FOAM CORPS for laser cut foam for storing and carrying miniature toy figures. Trade secret theft alleged as well.
Complaint Battle Foam v Foam Corps
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DMCA ‘Interference’ With Copyright Is Not Copyright Infringement
Actors’ Equity Association apparently polices YouTube on behalf of its actor members. Plaintiff uploaded a video and AEA sent a DMCA notice, erroneously believing that the uploading was without authorization of an AEA member. In fact plaintiff owned copyright in the work. Plaintiff sues AEA on copyright grounds. Held: AEA may have interefered with plaintiff’s
IsItFake.Org (Website Re Identifying Counterfeits)
New website for identifying counterfeits: IsItFake.Org.
“Google, Viacom Don’t Hold Back In Dueling Motions”
WSJ Law Blog: “Google, Viacom Don’t Hold Back in Dueling Motions“:
We find pretty amusing this notion that a bunch of Viacom employees secretly uploaded hordes of their own copyrighted videos to YouTube in order to bolster their copyright lawsuit against YouTube’s parent company, Google.
We have no idea if it’s true, of
What Didn’t Happen at the ICANN Meeting This Past Week?
ICANN didn’t accelarate the deadlines for applying for new TLDs. There still isn’t a set deadline. There probably won’t be a deadline set prior to the next open meeting in June. Stay tuned. More here.
OLD TESTAMENT BACON, NEW TESTAMENT CONDOMS? KHORAN WINE?
Applicant sells KHORAN wine – KHORAN apparently is the Armenian word for ALTAR. Examiner doesn’t reject of descriptiveness but on Section 2(a) disparagement – as the Koran prohibits alcohol, Muslims will be disparaged by registration of the mark. TTABlog summarizes and links to the Board decision upholding the refusal.
A couple of initial observations: (1)
5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit
5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit. I’m going with numbers 1 (she believes she can win); and (4) she gets publicity (note how we’re talking about her). Also add number (6): people will be less likely to use her persona without authorization.