31
Mar/17

PAWN FATHER v GODFATHER PAWN


pawn father

 



30
Mar/17

John Mayer v Jane Doe and John Doe


john mayer tour

John Mayer is playing Madison Square Garden next week and his management company received a ‘John Doe’ order.

A previous discussion of John Doe orders here.



29
Mar/17

Text of SCOTUS Decision in Expressions Hair Design v NY (NY Surcharge/Discount Speech Case)


 

“….Section 518 prohibits the pricing regime petitioners wish to employ. Section 518 does not define “surcharge.” Relying on the term’s ordinary meaning, the Court of Appeals concluded that a merchant imposes a surcharge when he posts a single sticker price and charges a credit card user more than that sticker price. This Court “generally accord[s] great deference to the interpretation and application of state law by the courts of appeals.” Pembaur v. Cincinnati, 475 U. S. 469, 484, n. 13. Because the interpretation of the Court of Appeals is not “clearly wrong,” Brockett v. Spokane Arcades, Inc., 472 U. S. 491, 500, n. 9, this Court follows that interpretation. Pp. 6–8.

Section 518 regulates speech. The Court of Appeals concluded that §518 posed no First Amendment problem because price controls regulate conduct, not speech. Section 518, however, is not like a typical price regulation, which simply regulates the amount a store can collect. The law tells merchants nothing about the amount they are allowed to collect from a cash or credit card payer. Instead, it regulates how sellers may communicate their prices. In regulating the communication of prices rather than prices themselves, §518 regulates speech. Because the Court of Appeals concluded otherwise, it did not determine whether §518 survives First Amendment scrutiny. On remand the Court of Appeals should analyze §518 as a speech regulation….”

 

 



29
Mar/17

ARMORED REPUBLIC for Body Armor brings DJ against Under Armour


body armor

Armored Republic LLC v. Under Armour Incorporated

as 2:2017cv00892

 DJ Plaintiff Armored Republic uses ARORED REPUBLIC and AR500



29
Mar/17

Do Not Ask For Whom The Hand Bell Tolls


handbellwarranty

DJ action by seller of TruTimbre handbell arguing that alleged trade dress of Schulmerich handbell contains functional elements. State complaint below depicts both bells.

SCHULMERICH BELLS, LLC v. JEFFERS HANDBELL SUPPLY, INC. et al

as 3:2017cv00816
Plaintiff: Schulmerich Bells LLC
Defendant: Jeffers Handbell Supply Inc , SHAWN L. LACKE

 



28
Mar/17

COCOAVIA v COCOVAA


cocoaviacoocvaa

A flavanol is something people claim is in chocolate so that they can justify eating chocolate.  Mars sells COCOAVIA brand flavanol supplements and related products.  Defendant sells COCOVAA chocolate products.



24
Mar/17

LIKE IT NEVER EVEN HAPPENED vs LIKE IT NEVER HAPPENED




16
Mar/17

About Half Of This About Spuds MacKenzie Is True


Spuds McKenzie was a fictional dog character who appeared in Super Bowl commercials for BUD LIGHT in the late 80’s.  Trading on his reputation as The Original Party Animal, success came easy to Spuds and he reveled in the glamour and adulation.  But soon scandal caught up to him.  First, it was revealed that he was actually a female dog, which apparently was scandalous.  Then Spuds violated Ohio State law for appearing in an advertisement for alcohol, dressed as Santa.  Click the link if you don’t believe me. Then Senator Strom Thurmond argued that Spuds was intended to get children interested in alcohol.

Tired of the bad press, Anheuser Busch exercised the morality clause in its contract and fired Spuds in 1989. Spuds was last seen on an animated episode of Celebrity Rehab with Dr. Drew, appearing with Chester Cheetah, Joe Camel and the polar bear from the Coke commercials.

Plaintiff specializes in ‘re-claiming’ brands that had been, in its view, abandoned by the original owners. Brands that it has revived include AIWA, COLECO and BRIM.  It filed an application for SPUDS MacKENZIE for various pet products in 2013, and obtained a trademark registration.

In February, Bud brought back Spuds in a Super Bowl commercial entitled ‘Ghost Spuds.’  However, as Fitzgerald would say, there are no second acts in American dogs’ lives, and plaintiff has sued.

Sort of wonder about the copyright aspect to this.



13
Mar/17

California: Is Mountain Mike’s Pizza Any Good?


mountain mike buena parkmountain muike berkeley

A little unusual.  Mountain Mike’s Pizza is a pizza chain franchisor with over 150 locations, most of them in California.  Note defendant’s menu (above left) from Buena Park, California, and plaintiff’s (above right).  The signage is allegedly identical. You usually see allegations like this in a terminated franchisee or distributor fact pattern.  There are no allegations of a prior contractual relationship  in the complaint (which is not conclusive that there weren’t any).  I wonder if this that elusive thing – counterfeit services.

Follow up thought: why no motion for preliminary injunction?



13
Mar/17

Please Hold The Line For Information About Unwanted Telephone Calls


CruzSad1

If you were  thinking of suing the next unsolicited telephone caller, embedded below is a complaint under the Telephone Consumer Protection Act.

Information here about the Do Not Call Registry.

Information here about the Telephone Consumer Protection Act.