8
Oct/09

99 Problems And Counterfeits Is One Of Them


A John Doe complaint filed by LiveNation, licensee for Jay Z, in anticipation of a Jay Z concert in Massachusetts.
UPDATE: In the comment below a reader asks: Does the law really permit the filing of such a speculative case, against unknown persons for conjectural future alleged infringement?
And the answer is: the law permits the filing of a case against describable but presently unknown persons for anticipated describable future infringement, of a type where a law enforcement officer can make an on-the-scene determination that something is very likely an infringement.
A policy rationale for a John Doe seizure is that without on-the-spot seizure, the TM owner will suffer irreparable harm, as immediately following the event, the defendant and their proceeds will vanish, thus making an after-the-fact lawsuit purposeless. John Doe seizures are granted usually in connection with short-lived events such as sporting championships or concerts, where unincorporated, premise-less entities possessing small inventories (also known as kids holding duffel bags of shirts) are likely to offer counterfeit merchandise. The seizure order should contain sufficient specificity such that a marshall can make a determination whether a shirt constitutes a counterfeit, with a high degree of accuracy (for example, does the shirt bear the registered logo of the band, or not?). A court may blue-pencil plaintiff’s requested parameters of the seizure with regard to what constitutes plaintiff’s marks, vicinity and timing of permitted seizures. Bear in mind that if the seizure turns out to be unlawful, the vendor should be able to seek compensation from the plaintiff.
complaint livenation



27
May/09

A Trademark Lawyer on the Supreme Court?


Apparently, Judge Sotomayor did anti-counterfeiting work for FENDI.



19
Apr/09

"The Real Pirate Bay"


Umair Haque: “The Real Pirate Bay

Set up a torrent tracker, get fined, go to jail.
Join a bank, destroy the economy, profit.



7
Apr/09

Two Views Re The Wolverine Piracy Firing


wolverine.jpg
Pro: Fox News Columnist Reportedly Fired for Wolverine Review
Con: Wolverine Piracy, Claws Grow
Pictured: A real wolverine.



15
Feb/09

The Knockoff Report


IPCybercrime.com: The Knockoff Report

Rob Holmes is Founder & CEO of IPCybercrime.com. Raised in New Jersey in a family of private investigators, Rob worked his first trademark infringement case at the age of twelve. While aspiring as a stand-up comedian in Los Angeles in the early 90s, he found employment at a premiere intellectual property investigative firm. Here, he soon found himself assigned to investigate a new breed of faceless perpetrators: Cybercriminals. Rob conducted some of the world’s first IP-related Internet investigations, and pioneered the study of the “virtual crime scene”.



8
Jan/09

Suggestion for INTA Conference Location


The mall in Nanjing, China, described here by Counterfeit Chic.



12
Dec/08

And Most Importantly You, The Customer


Jay-Z’s Rocawear sues defendant, gets an order, defendant alleges breacehs settlement order, Rocawear sues again.
Lyrics to Roc Boys. GirlTalk does a great mash-up of this song.
Complaint Rocawear Contempt



7
Dec/08

"Do Not Buy Any OMEGA Product On The Internet"


Counterfeit Chic: “Online Watchdog“:

Many luxury brands are increasing their online presence in an effort to boost sales — especially this Cyber Monday. Omega instead took out a full page ad in today’s WWD, advising shoppers to beware the internet lest they end up with watches that are counterfeit or otherwise substandard.



3
Dec/08

Tootsie Roll Sues T-shirt Vendor


In case you wanted to learn the history of the Tootsie Roll Company, this complaint is reproduced below. Bonus question: spot the trademark that plaintiff mis-uses as a generic. Hint: it’s something that babies wear.
Complaint Tootsie Roll



8
Oct/08

"Dodgy Digits" re IP Piracy


ArsTechnica: “750,000 Lost Jobs? The Dodgy digits Behind The War on Piracy?