Text of Decision in D. Conn Motion to Dismiss re SPORTSPOD Trademark

Anthem Sports LLC v. Under the Weather, LLC, 17cv596 (D. Conn. March 6 2018)

Patent and trademark dispute relating to small tents for viewing outdoor sports. As 43(B)log points out, the judge used the term SPORTSPOD generically in the decision, which doesn’t bode well for the trademark claim.

Calling something a shoddy knockoff is an opinion and therefore not actionable under 43(a)(1)(B).

Falsely claiming to be the inventor of something is not actionable under 43(a)(1)(A) per Dastar.


Dwight Howard Singled Out For Pointing Out That He Gets Singled Out

Orlando Magic center Dwight Howard was fined $35,000 on Wednesday after criticizing officials on his blog DwightHoward.com for posting the following:

“I’m not looking to say anything to get myself in trouble with the league, but I just don’t see other star players getting called for fouls the way I get them,” Howard wrote on his blog. “No star player in the league is outta games the way I am.”


Vote For Sanjaya Because He Is Bad

Finally, a pretense for writing about American Idol. O’Reilly had on a lawyer who argued that Fox may have had a cause of action against Howard Stern and VoteForTheWorse.com, because they suggest that people vote for Sanjaya precisely because he is bad. Stern allegedly is doing so to undermine Idol’s credibility. (pause). So the lawyer argues that Fox can use Stern for, I don’t know, I think she said ‘intentional interference with malicious intent.’ She also sugested that the jilted contestants might have an action for Stern for, I don’t know, contributory unjust enrichment, because Sanjaya received the spot that was rightfully their’s.
I looked at the American Idol voting FAQs. They don’t tell you who to vote for. The one rule is that you can’t use ‘power dialing.’ So Stern doesn’t seem to be encouraging anyone to breach a contract with Idol (having never voted on Idol, I don’t know if the voter enters into another contract that might have additional provisions).
Here’s an example of lawful speech: Based on that clip, Danielle Aidala may not have the surest grasp of the treatment of commercial speech and maybe you should think twice before retaining her or providing a television network as a platform for her views (O’Reilly, to his credit, seemed skeptical of her argument).
HT AboveTheLaw (including speculation as to why Ms Aidala is on TV).