30
Sep/10

Text of 7th Cir. Decision on Stayart v Yahoo – Personal Name As Trademark


Prior coverage from Prof Goldman here.

Decision 7th Cir Stayart v Yahoo



29
Sep/10

PLAYDOM v PLAYDOM


Defendant is a successful publisher of social games on FaceBook, recently acquired by Disney.

Complaint Playdom v Playdom



28
Sep/10

Righthaven Filed Another Five Suits Yesterday


According to Justia, Righthaven filed another five copyright suits yesterday.  Here’s one complaint.  Summary of Righthaven lawsuits here.

Complaint Right Haven



25
Sep/10

How Can Use of MITZVAH Be Wrong?


Defendant sold its funeral home to plaintiff, now use the name LLOYD MANDEL MITZVAH MEMORIAL, which, plaintiff alleges, infringes the name it bought.

Complaint Sci v Mitzvah



25
Sep/10

Smart Blocks Files DJ Against Legos


Complaint Dj Smart Blocks Lego



23
Sep/10

8th Circuit Dispenses Different Brand Of Justice Than 4th Circuit


Prof Goldman: GP’s Effort to Control Towel Dispenser Refills Fails in 8th Circuit

After a decision by the Fourth Circuit seemed to open the door for businesses to use contributory trademark law to block the sale of complementary goods, a recent case in the Eighth Circuit adopts what I think is a more reasonable approach. In both cases, the plaintiff and the technology at issue were the same, but the outcomes are completely different.

Plaintiff Georgia Pacific (GP) employs the following strategy to try and prevent competitors from offering cheaper paper towels for the paper towel dispensers it manufactures. It leases its hands-free enMotion brand paper towel dispensers to distributors who in turn lease the dispensers to businesses like restaurants and gas stations. In its leases, GP conditions any use of the dispensers on exclusive use of GP brand paper towels. GP also places a sticker on the dispensers warning any sublessees that only GP-brand replacement towels may be used.

Prior 4th Circuit decision on paper towel dispensers here.



23
Sep/10

Quick, Before The DMCA Notice Takes Down This Video Of The South Park iPad Spoof


Heh – ‘this video was uploaded from an Android Phone.”



22
Sep/10

Disturbia v Rear Window – Not Substantially Similar



I’ve seen Disturbia once, I’ve seen Rear Window a million times. I’m not shocked by this decision dismissing the copyright claim on summary judgment. Image from here.

Decision Rear Window Disturbia



22
Sep/10

What Is Not To Like About Hamsters Driving A Car, Listening To Music?


Song writer alleges copyright infringement by music used in Kia Soul commercial

Complaint Kia Soul



22
Sep/10

EDNY: Discussion of Trade Dress and Requests For Reconsideration


EDNY: Montblanc v Colibri: Discussion of trade dress infringement in context of request for reconsideration.

Decision Mont Blanc Colibri