Jane Does 1-100 Will Be Appearing In Woodlands, Texas This Friday (Weezer Will Also Be Appearing)

Licensing agent for Weezer files Jane Doe order against John Does 1-100, Jane Does 1-100 and XYZ Company in advance of Weezer appearing at the Cynthia Woods Mitchell Pavilion in Woodlands, Texas (near Houston).

Some background on what used to be called John Doe orders here.



Barbour Brings SDNY DJ Action Against Levis re Shirt Flag Tab

Barbour, a UK apparel company, sells shirts with a ‘flag’ on the breast pocket:

Levis sells apparel which has ‘tabs’ on the pockets.  It owns various registrations for the tab.

Levis aggressively polices its tab trademarks.  It sent a demand letter to Barbour, alleging infringement and dilution.  Barbour brought a DJ action. Barbour notes third-party use of tabs.


Disclosure: I have a heavy cable-knit Barbour sweater which is over twenty years old, and a more recently-purchased Barbour wind-breaker.




DJ Action: FAZE CLAN v FAZE Apparel in CD Cal

DJ Action re use of FAZE CLAN by FAZE CLAN video game organization against apparel manufacturer. It seems that there are leagues for video games, and ‘clans’ compete, and there are standings, and everything.


WD Texas: Discussion of mootness, DJ standing and abandoment, in context of 12(b)(6)


4th Circuit: Can State Courts Decide What Might Be Lanham Act Claims?

Defendant sues plaintiff in Virginia state court for defamation and ‘common law’ trademark infringement. It is contested whether a Lanham Act claim was made. Plaintiff brings DJ action in fed. court, fed, court remands back to state court. 4th Circuit concedes that there is jurisdiction in fed court but jurisdiction here under the DJ Act is an ‘authorization and not a command,’ and that the district court did not abuse its discretion by abstaining to exercise jurisdiction over this case. Read the dissent. Background on the dispute can be obtained by searching Dozier Riley defamation.
Decsion 4th Circuit Dozier Abstention


SDNY: Demand Letters, Declaratory Actions and the First to File rule

SDNY: Motion to transfer granted following ‘first to file’ rule. Discussion as to what extent a Declaratory Judgement filed in response to a demand letter will not be recognized as a first filing.
Decision Motion to Transfer First to File


DJ Action: Sean Combs' I AM KING SEAN JOHN v I AM Fragrance

Sean John Fragrance brings DJ action that its I AM KING mark doesn’t infringe prior registered I AM for fragrance.
Complaint Iamking


Defamation and DJ Action Against Coach Over Counterfeiting Allegations

Complaint Lillians Coach DJ


Another Lawsuit Involving Dozier Internet Law

Riley v. Dozier Internet Law.
Dozier v. Riley.
TechDirt comments.
Public Citizen comments.


Robert Morris College v Robert Morris University

There have been two educational institutions named ROBERT MORRIS for a while and plaintiff seeks a declaration of non-infringement. Coverage here.