31
Jan/12

From The Instantiation Files: Twitter on Boundaries


Twittier CEO Dick Costolo interviewed on Twitter’s policy on ‘local blocking.’ Discussion begins at 1:57.
p.s. ‘Instantiation’ is the representation of abstraction with concrete ‘instances.’ such as Twitter representing the abstract idea of national boundaries with concrete filtering. Thanks to Prof Eric for the five dollar word.



30
Jan/12

Corn Dogs With Your Catalog of US Trademark Registrations? – Leason Ellis Sues a "Trademark Listing" Service For False Advertising


The websites of the US PTO,  OHIM,  WIPO and many national trademark offices all have variations of warnings such as this appearing on the UK website:

“We would like to warn customers about a business practice that is on the increase. This practice has caused concern to many of our customers.

A number of companies are sending unsolicited mail to applicants for, and owners of, intellectual property rights eg trade marks, patents and designs. These invite the recipient to sign and return a document and pay a fee for a particular service.

Many of our customers have told us that they thought the mails came from an official source and thought they had to use, and pay for, the services offered. Examples of the types of services being offered are described below. You should be aware that these companies are not linked to any Government or Community Institution and there is no obligation to pay the fee.”

We include a similar warning in correspondence to our clients.  Nevertheless,  clients ask whether they must pay such solicitations.

Our firm received a registration for the LEASON ELLIS and ‘apple tree of inspiration’ design, and received a solicitation from U.S. TRADEMARK ENTERPRISES of Florida to pay a fee to be included a ‘catalog’ of trademark registrations.  The front of the ‘communication’ implies that publication in the catalog will assist in trademark protection.  The terms of service buried in their website disclaims that.

Our firm has  now sued U.S. TRADEMARK ENTERPRISES, alleging federal false advertising and state unfair competition torts.  We view the disclaimer in the terms as an admission that the defendant is aware that the services don’t achieve the advertised purpose of the offering (in this case, maintaining trademark rights).  That is a tort in NY State.

It is unclear whether these ‘catalogs’ of trademark registrations were ever in fact distributed.  The website alleges that these catalogs are to be distributed at fairs (like state fairs? With corn dogs?)

We look forward to hearing from any one who has had dealings with these ‘registries.’

 LE v US Trademarks



30
Jan/12

Coke Ad


From here.



25
Jan/12

Outline of CIPLA Talk


Issues re Non-US Online Infringement

Litigation

Domain Name In Rem:

Decker v 2011cheapuggs.com, (ED Va Jan 6, 2012) Order.

Non-ACPA ‘in rem’

Chanel v Doe (eukuk.com), 11-cv-01508-KJD-PAL (D Nev) (Chanel moves to obtain 400 domain names; moves that Google ‘de-index’)(copy of preliminary injunction – note para 6 and 7)

True Religion v Xiaokang, (SDNY) (copy of TRO)

Philip Morris v Jiang, 11-cv-24049 (SD Fla)

INDIRECT

Litigation

Tiffany v eBay

Akanoc

Frontline

Legislation

SOPA

ACTA – (links and text here)

Notice and Takedown

 

 



25
Jan/12

Anonymous Anti-ACTA Video




25
Jan/12

List of Defendants in SDNY Action Brought By Burberry


The now searchable  list of defendants in an infringement action brought by Burberry (SDNY 1:12-cv-00479-TPG) (complaint not on ECF)
John Doe 1
QIAO RENFENG A/KA QIU YANYANG AIKIA LIN RUI A/K/A CHEN DERONG A/K/ A XUE BINXUAN A/K/A YONGBO LI A/KIA XIAO JINGJING A/KIA JIANG AI A/KIA XUZHEYE XUZHEYE A/KIA XU ZHEYE A/KIA ZHOUMINMIN AIKIA ZHAO LI AIKIA ZHENG LINTIAN A/K/A LINTIAN ZHENG AIKIA
John Doe 2
A/K/A LIUQING WU A/K/A WU LIUQI G
John Doe 3
AIKIA HONGPUYI A/K/A WANGHAO A/K/A LIUTAO A/K/A LIMEI XIAO A/K/A XIAOLIMEI
John Doe 4
AIKIA CHEN XUE A/K/A CHEN DAI A/KIA CHEN DAIL A/K/A CHEN JUN YONG A/K/A CHENXUEFENG
John Doe 5
AIKIA WANG ZHENGLEI A/K/A SUN XIAN SHENG A/KIA XIANGSHENG WANG A/K/A WANG ZHENG LEI A/KIA ZHENGLEI WANG A/K/A ZHENG WANG A/K/A WANG XIAN SHENG
John Doe 6
AIKIA WANG ZHENGLEI A/K/A SUN XIAN SHENG A/KIA XIANGSHENG WANG A/K/A WANG ZHENG LEI A/KIA ZHENGLEI WANG A/K/A ZHENG WANG A/K/A WANG XIAN SHENG
John Doe 7
A/K/A HUANGMINJUN A/K/A WU LONGQI A/KIA LUO ‘FINGFE A/K/A QINFAN
John Doe 8
A/K/A CHENQI A/K/A QI CHEN A/K/A JONE SMITH A/K/A LIN LIN A/KIA FJC004 A/K/A LE LEA/KIA JAMES D. HILL
John Doe 9
A/KIA REN XIAOQING A/KIA XIAOQING REN AIK/A SUMMER A/KIA BUSINESS A/K/A AMY SMITH A/K/A XIONG TENG A/K/A XIONTENG A/KIA MIKE WANG A/K/A HE QIAN A/K/A DUOSIYIBEIA/KIA ANNIE HE
John Doe 10
A/K/A JUNGLE KOO
John Doe 11
A CHEN YIFAN A/K/A ZHANG SHI AIK/A LI CHANG A/K/A PENG PENG A/K/A WAN SAN SAN A/K/A MENG XIANG A/K/A GAN PING A/KIA FANG PING A/K/A CHEN ZHEN A/K/A KAI SHA A/K/A WANGBIN BIN A/K/A PING PING A/K/A LI MEIMEI A/K/A XU WANG AIKIA PING JIN A/K/A XUE JI MIN
John Doe 12
A/K/A CHEN GUOPENG A/K/A GUOPENG CHEN
John Doe 13
A/K/A WANGZHIQIANG A/K/A YANG A/K/A ANDY A/K/A ONLY A/K/A LIURUOLAN
John Doe 14
AKA WAN ZHENCAI A/K/A HUANG YAN A/K/A HUANG YAN JIN A/K/A YU MEI ZHANG A/K/A YANG WEN XUE



25
Jan/12

Delta Sigma Theta v Terminated Licensee


Sorority sues terminated licensee.

Delta Sigma Theta v Younique Michigan



23
Jan/12

LV v Eisenhauer Flea Market (Notice and Contributory Infringement)


WD Texas (Nov 2011): Judge dismisses defendant flea market’s motion to dismiss LV’s contributory trademark complaint on the pleadings (top document). Footnote 3 addressing policing burden: The argument that defendants are ‘impermissibly burdened’ is ‘unpersuasive.’ “Avoidance of contributory infringement does not require a flea-market owner to take precautions against the sale of counterfeit goods or to seek out violations in the market . . . The only duty imposed is to avoid providing space to counterfeiters who the owner knows or has reason to know are selling counterfeit goods.”

Court’s instructions to jury in trial two months later (Jan 12 2011) (bottom doc). Jury found for LV.

News coverage here.

Lv v Eisenhauer Texas

Lv v Eisenhauer Jury Charges



22
Jan/12

Ted Talk – "Lessons from Fashion's free culture"




20
Jan/12

What A Difference A Day Makes