2015

Splitting with the Ninth Circuit in the GoPets case, the 11th Circuit has deemed a re-registration of a domain name to be a new registration for purposes of ACPA. The significance is that ACPA has a trademark priority prerequisite (at least that’s how I read it) that might be met if a re-registration is

dc superdadMadEngine_SupermanShirt

DC Comics defeats motion to dismiss.  Defendant argued that its red and yellow 5 sided shield t-shirt design (see above) was a parody of the Superman red and yellow 5 sided shield.  Court holds that defendant’s use is not a parody of Superman that comments on Superman, but a merely humorous use of

We won a motion for summary judgment that dismissed all claims against our client.  It’s a 77 page decision, with extensive discussion of cross-motions to strike.

Defendant NameMedia owns and administers large portfolios of domain names, which it monetizes through advertising, brokerage, and sales.  It registered the domain name NewWorldSolutions.com  in 2005.

Plaintiff New World

I received the email reproduced below soliciting the use of LegalForce Trademarkia’s law services to obtain a design patent, probably because I am the corresponding attorney for a  US registration covering the trademark referred to in the email’s subject heading.

There is some murk in the email as to who is soliciting who’s services.  The

TAMU-Football-Featured

colts-am-lawsuit

Texas A&M sues the Indianapolis Colts re use of the mark 12th MAN.

[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2015/11/texas-am-v-indianapolis-12th-man-complaint-1.pdf”]

 

tide plus

Lead plaintiff in class action purchased the 92 fluid ounce and 138 fluid ounce bottles of TIDE PLUS BLEACH.  The opaque bottles were ‘over-sized’ and did not accurately reflect the volume of detergent.  Proctor &^ Gamble ‘routinely employed deceptive packaging containing excessive empty space to mislead consumers into believing they were receiving more laundry