30
Jan/13

Passion Parties v Pure Romance


Ultimate Girls Night In v Girls Night In. Become a Passion Consultant.

girls night in



23
Jan/13

KosherVitaminShoppe.com – My First UDRP For A Domain Name Registrant


David Boies once said that a lawyer shouldn’t consider themselves to be either a plaintiffs’ or defendants’ lawyer, because they would miss out on some good cases. After doing UDRPs for thirteen years, this is the first time I’ve ever appeared in a UDRP on behalf of a domain name registrant.

koshervitaminshoppe udrp



18
Jan/13

TRO v Terminated STANLEY STEEMER Franchisee re Use of Orange Van


The STANLEY STEEMER people own a registration for orange vans for carpet cleaners.

Stanley Steemer TRO



18
Jan/13

Text of Decision in AFP v Morel re Twitter Photo


afp v morel re twitter photo



14
Jan/13

How Do I Feel About Paid 'Recommended For You' Links?


I use DISQUS software to manage the comments that appear at the bottom of individual posts. Today I noticed a new feature – links entitled ‘Also on The Trademark Blog’ and ‘Recommended For You.’ Disqus indicates that these links “help you find new and interesting content, discussions and products. Some sponsors and ecommerce sites may pay us for these recommendations and links. Learn more or give us feedback.” On one hand, Disqus is a useful service that I don’t pay for, so I don’t begrudge them monetizing the product. On the other hand, I’m fairly certain that they didn’t ask me my permission to do this (maybe they sent an email, who knows, but I certainly haven’t opted in). Now, I have never, in ten years, sold advertising space or agreed to paid (or unpaid) link exchanges. The only money I get from the Blog is the $20 I receive monthly from a certain famous trademark practice to not print bad news about them. If I don’t object to this, I can still say that I don’t sell advertising but there would an asterisk. Should I worry about more important stuff?



14
Jan/13

And Now A Demonstration of Trade Dress


Selfridges offers ‘no noise’ ‘de-branded designs.’



11
Jan/13

OK, Why Did Defendant Press Its Counterclaims?


Policy considerations: (1) we don’t want impediments to parties dropping claims; (2) we want impediments to parties bringing questionable claims.

nike already supreme court



11
Jan/13

Why Would East Carolina University Sue Cisco On Trademark Grounds?


Because CISCO is using TOMORROW STARTS HERE, for which East Carolina has a registration.

east carolina v cisco



9
Jan/13

Attention All Trademark Lawyers Who Live In Westchester and Fairfield Counties


On February 1, tell them that you’re working from home that day. Come to our offices in White Plains, have lunch, shmooze a little about social media, and get CLE credit. Then we go The Westchester for some shopping, a movie at the de Lux, then finish with drinks at 42.



8
Jan/13

SDNY: Standards for Pleading Various 'Persona' Causes


Plaintiff is a fashion model. Co-defendant photographer allegedly misrepresented the purpose of a photo shoot and the model’s image was used as the ‘face’ of co-defendant cosmetic line. Plaintiff brings federal false endorsement and various NY claims including Civil Rights Law Section 51. Defendants move for judgment on the pleadings. Discussion of pleading standards for all claims. Of particular note: ‘celebrity’ is not required to bring Lanham false endorsement claim.

bodnar opinion

bodner reconsider