Detail from display in Niketown in Manhattan.
Swatch v Bloomberg: Copyright in a Conference Call
From the complaint: Plaintiff Swatch, a Swiss publicly traded company, hosted a conference call for securities analysts. The call was transmitted and recorded by a conference call service. Participants were instructed not to record the call for publication or broadcast. Bloomberg News was not invited or authorized to participate in the call. Bloomberg recorded the
KENNEDY FRIED CHICKEN
The NY Times ran an article today on KENNEDY FRIED CHICKEN . There was an original KENNEDY FRIED CHICKEN in Brooklyn and it spend its early years being sued by KENTUCKY FRIED CHICKEN, That dispute ended when KFC became KFC. While the owner of the original Kennedy’s now owns federal trademark registration 2994240, the name
Marvel Seeks To Strike Jury Demand in Kirby Family Suit
Memo to strike jury demand in Kirby family lawsuit with Marvel over termination of grants of copyright rights. “Claims for a declaration as to future ownership rights such as the parties seek here are quintessentially equitable in nature and not triable to a jury.”
The New Dilution Similarity Standard Is Very Different – Levi Strauss v Abercrombie
Are these pocket stitching designs ‘identical or near identical – essentially the same and not just similar’?
Or do they merely possess a degree of similarity such that the top design impairs the distinctiveness of the lower design?
If you asked the first question, and answered no, then you were the District Court, and you
But They’re Luxury Rubber Bands
Odd. Defendant allegedly sells Chanel fragrances without the outer packaging, without cellophane wrapping, with the laser-etched batch code scratched off, in an unmarked cardboard lining held together by rubber bands or clear adhesive tape. That doesn’t seem like the best way to sell Chanel.
This Is How We Do Summary Judgement For Music Copyright
The Game, featuring Fifty Cent, released “How We Do” in 2005. Plaintiffs registered copyright for their song ‘Elevator” in 2002. Both songs are described as contemporary hip hop songs. Both songs’ choruses contain the phrase “this is how we do” four times, interspersed with other lines, set to a similar rhythm.
A copyright plaintiff must
Nike v Already LLC – Unilateral Covenant Not to Sue As A Way Out
A defendant’s counterclaims can act as a bear trap for plaintiff, keeping it in a case that it wishes to unilaterally drop.
Plaintiff sues defendant alleging trademark infringement of a registration described as a ‘design’ or ‘configuration’ mark. Defendant files answers and counterclaims seeking declaratory judgement cancelling registration. During discovery, plaintiff delivers uni-lateral covenant not
Defamation As A Counterclaim
Yahoo! alleges that defendant committed trademark infringement by sending fake ltotery spam. Defendant brings counterclaim alleging that (1) he didn’t commit infringement; (2) therefore he is being defamed. Yahoo! moves to dismiss counterclaim. Court notes in decisding Yahoo’s motion to dismiss it must treat non-moving party’s factual allegations as true, not its legal conclusions. Even
Use-based Applications for SARAH PALIN and BRISTOL PALIN
Sarah Palin had applications filed for SARAH PALIN and BRISTOL PALIN. The office actions are below. You can look at the specimen of use for BRISTOL PALIN here: bristol palin specimen (it consists of the words BRISTOL PALIN on a piece of paper. Some people think this person should be the one to select Supreme