2
Sep/14

An in rem Action To Watch


Somewhat unusual use of the in rem provisions of ACPA. Chinese plaintiff alleges that a John Doe who also resides in China, has converted multiple domain names for (their) own use. Alleges cyber-squatting, tortious interference and conversion.

jin v 001hh com memo.pdf



2
Sep/14

Expanding Hoberman’s Sphere of Protection


This is a Hoberman Sphere:

original-hoberman-sphere-11.gif

This is a consent decree enforcing rights in a Hoberman Sphere.

Filed under: Shapes


2
Sep/14

Crafting a Proper TM Injunction in MD Florida




2
Sep/14

8 Hour Energy v 5 Hour Energy




2
Sep/14

‘DEEP THROAT’ v ‘LINDA LOVELACE’ – (c) and TM Fair Use




31
Aug/14

Does BETTE DAVIS EYES refer to BETTE DAVIS EYES or to BETTE DAVIS’ EYES?


Here is a motion to dismiss to trim the affirmative defenses and counterclaims. Read the end: the motion was made without filing the required SDNY pre-motion letter. I think moving party got off light with just a tsk-tsk.



31
Aug/14

GALLO for wine v EL GALLO and EL GALLITO for energy drinks.


Plaintiff prevails on GALLO v EL GALLO but not v EL GALLITO. Satisfies HERB REED standard for irreparable harm at SJ.

Discussion of when and when not to apply doctrine of foreign equivalents (doctrine not necessary when marks are similar without translation).



30
Aug/14

Defendant Fails To Rebut Presumption of Registrability in CHALK PAINT




30
Aug/14

What-Not-To-Do list for Surveys




30
Aug/14

STOLI: The Third Decade


It’s not possible to ‘briefly’ summarize the dispute regarding ownership of the STOLI marks.