iFit v iFitness

ifit v iftiness

Irregular Round-Up Of Recent Tweets and Re-Tweets From @Trademarkblog

Personalized Coca-Colas, But Not If Your Name Is Mohammed Or Maria n.pr/13YQVts

— TrademarkBlog (@TrademarkBlog) May 29, 2013

I will just say that I’m ‘surprised’ by this outcome and leave it at that.bit.ly/12OQijs

— TrademarkBlog (@TrademarkBlog) May 29, 2013

BBC News – Brand Maasai: Why nomads might trademark their name bbc.in/13YO0Bb

— TrademarkBlog (@TrademarkBlog) May 29, 2013

Guardian News Withdraws gTLD Applications In Apparent Deal Over .COM Domain – DomainNews bit.ly/11yxdFM

— TrademarkBlog (@TrademarkBlog) May 29, 2013

Microsoft said to go after Xbox One domain name squatters shti.cc/3JwX #naming #xbox

— Igor Inc (@igornaming) May 29, 2013

Official Versace Wins 4 Year Long Battle over Counterfeit Goods being Sold on eBay. fb.me/1LP6PtddO

— THE FASHION LAW (@TheFashionLaw) May 29, 2013

Hey copyright tweeps, this is an important decision on registration practice, please RT propertyintangible.com/2013/05/what-y…

— Pamela Chestek (@pchestek) May 28, 2013

Really good summary MT @domainincite: The True Historie of Trademark+50 and the Death of the GNSO domainincite.com/13136-the-true… #icann #trademarks

— Jeff Neuman (@jintlaw) May 28, 2013

Making the case for in-house counsel – a lesson in luxury: bit.ly/16muS3D #trademark

— WorldTrademarkReview (@WTRmagazine) May 28, 2013

#Tajikistan blocks #YouTube third time in a year bit.ly/12L7PJi

— InternetJurisdiction (@IJurisdiction) May 28, 2013

Louboutin v Alba Footwear re Red-Soled Shoes

Picture of defendant’s red-soled shoes on page 8 of complaint.

louboutin v alba

Gibson Guitar v Spongebob ‘Flying-Vee’-Shaped Ukuleles

Plaintiff Gibson Guitar owns various trademarks relating to a ‘flying vee’ shaped guitar. Defendant Viacom licenses its Spongebob marks to licensee, which sells Spongebob Squarepants ‘flying vee’-shaped ukuleles (tell me you’re not smiling). Plaintiff’s trademark causes against Viacom dismissed at 12(b)(6) on grounds that Viacom’s ‘control’ over licensee doesn’t rise to contributory or vicarious liability standard.

This decision has been appealed.

spongebob ukulele

Enterprise v Warrick re Copyrightability of Diagram

Justia’s summary:

In a copyright infringement case, Enterprise Management Limited, Inc. and Mary Lippitt appealed a summary judgment in favor of Donald Warrick. Lippitt contended, contrary to the district court’s holding, she demonstrated a prima facie case of copyright infringement. At issue was a diagram Lippitt created in the course of her work in organizational management. The diagram aimed to encapsulate and communicate the results of her research on the failures of complex organizational change initiatives. She created and registered the first version of the diagram in 1987; sometime around 1996, she updated it. She registered the update as part of a larger work in 2000; it was also included in materials she registered in 2003. In his motion for summary judgment, Warrick argued:

(1) Lippitt could not prove she held a valid copyright on the diagram because she could not produce the diagram from the materials accompanying her 1987 registration to show its similarity to Warrick’s diagram;

(2) Lippitt’s diagram was not copyrightable; and

(3) Warrick’s diagram did not infringe on any protected expression in Lippitt’s diagram.

After hearing arguments, the court granted Warrick’s motion without issuing a written opinion. Lippitt contended summary judgment was inappropriate. In her view, her copyright infringement claim was viable because her diagram was entitled to copyright protection and Warrick admits to copying her duly registered diagram. Finding no merit to Warrick’s arguments on appeal, the Tenth Circuit reversed the district court and remanded the case for further proceedings.

enterprise v warwick

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Anatomy Of A Doomed Complaint: H&R Block v Intuit

Here’s a TV commercial for Turbo Tax, in which it compares itself to H&R BLock:

Here is the bar graph from the commercial:

Here is the complaint H&R Block filed against Intuit (owner of Turbo Tax) alleging infringement and unfair competition:

block v intuit

Here is the decision dismissing the federal claims:

block v intuit