22
Sep/19

10th Circuit; Summary Judgment as to Dissimilarity Reversed by 10th Circuit


Plaintiff, top, sells apparel. Defendant sells vapib accessories but apparently also ‘promotional apparel’ (!?!). District court had dismissed on summary judgment, finding the logos are too dissimilar. 10th circuit reverses. A jury could find similarity because AFFLICTION is commercially and conceptually strong. The Fleur de Lises (fleur de lii?) are pointing in different directions but are still fleur de lises. The words are in different fonts but they’re both in a circle. And a lower degree of similarity is required if the goods are closely related. (ed. note: plaintiff is asserting initial interest confusion and post-sale confusion but not purchase confusion. perhaps a higher degree of similarity is warranted instead).



18
Sep/19

Protecting [redacted]’s Good Name




17
Sep/19

Mini-Mall Landlord Knew Or Should Have Known That $15 and $20 Ray-Bans Were Counterfeit


Luxottica sues landlord of indoor flea market for contributory infringement, after landlord fails to stop on-going sale of counterfeit Ray-Bans and Oakleys. $1.9 million judgment upheld by 11th Circuit. Held:

(1) A defendant is liable for contributory TM infringement if defendant (1) intentionally induced the direct infringer; or (2) supplied a product to the direct infringer whom it knows or should have known is directly infringing;

(2) A landlord can be said to be ‘supplying a product’ under this analysis;

(3) 11th Circuit joins consensus of circuit courts that ‘willful blindness’ is a form of constructive knowledge;

(4) 11th Circuit holds that there can be constructive knowledge of specific infringing acts. – The 11th Circuit distinguishes a landlord from eBay in Tiffany v, eBay – While the 2d Circuit held that it could not be said that eBay should have known which of its millions of listings were counterfeit, here, the landlord of a mini-mall should have known (after there had already been a police raid),that among its 130 or so tenants, some were counterfeiters – the volume of tenants was not so high, and no expertise is needed to know that $15 and $20 Ray Bans are counterfeits.

Query: note the comparison of number of listings in eBay (who could perform a search), to number of tenants in a mall, and not the number of products that those tenants sell.

Luxottica Group, Oakley v. Airport Mini Mall, LLC, 15-cv-01422-AT:



16
Sep/19

100 domain names with the prefix RockN?


Complaint denied and reverse domain name hijacking in UDRP re RockNCrystals.com https://bit.ly/2kCwB3v



16
Sep/19

Traeger Pellet v Traeger – Transfer of Rights of Publicity




15
Sep/19

What Logos Are Most Effective?




13
Sep/19

10th Cir: C5 Medical Werks v CeramTec GmbH (lack of personal jurisdiction (after trial))




13
Sep/19

Deep Fakes




13
Sep/19

Jewelry Counterfeiting




13
Sep/19

Donuts, what can’t they do