Friend of the Blog Anne Mason writes to tell us that:
"Out of the venerable Middle District of Florida comes Montana Prof Sports LLC v. Leisure Sports Mgt. Inc., 2006 US Dist Lexis 7218 where the Kissimme Kreatures professional indoor football team was busted for its name change to the Osceola Outlaws by the Billings Outlaws, registered trademark owners. Injunction issued. I frankly like the Kreatures moniker better..."
More on indoor football here.
Owner of DoubleShot Coffee blogs about demand letter received from Starbucks, owner of registration for STARBUCKS DOUBLESHOT (no disclaimer of DOUBLESHOT).
Marin Independent Journal: 'Marin Olive Oil Maker Sues Safeway' (O OLIVE v. O ORGANICS).
Miami Herald: "Sweet Pea Ltd. Settles Suit With Little Peas"
Malibu Times: Dispute over MALIBU PIER.
In today's NY Times account of Apple v. Apple, Apple Computer's attorney states that "'Even a moron in a hurry could not be mistaken about" the distinction between the computer company's iTunes online music business and a recording company like Apple Corps . . ."
The nuance of this statement is lost by the Times for two reasons. First, the term 'moron in a hurry' actually appears in UK caselaw. In Morning Star Cooperative Society v Express Newspapers Ltd, 1979, the Court noted that only a moron in a hurry would confuse plaintiffs and defendant's products.
However, while that is one way of articulating a standard for trademark confusion, it is my understanding that the UK proceeding is a contract case, not a trademark case, where the Court will be asked to interpret a contract, rather than to decide what morons in a hurry think.
Now, in my role as a reasonably prudent person in a hurry, I took a quick look at the 1991 coexistence agreement between Apple Computer and Apple Records, and paragraph 4.3 seems kind of clear and should allow Apple Computer to do what it's doing. What do you think?
Douglas Lytle: 'A 'TIP' for Responding to Trademark Infringement,' from The IP Strategist.
Miami Herald: Owners of SWEET PEA trademark sues group of defendants using mark on, among other things, Cafe Press. A Cafe Press spokesperson quoted in the article states that this is the first time Cafe Press users have been sued, which surprised me.
CLARIFICATION: CafePress contacted me to clarify. Individual Cafe Press shopowners have been sued previously - this is the first multi-defendant suit.
Ny Lawyer: "Judge Finds Browns, NFL Own 'Dawg Pound'"
IPOD v. SPODRADIO in Germany, via The Alarm Clock, hat tip Jay. Bonus reference to Caveman Lawyer in article.
More on the 'Last Best Place' story. Background here.
Starbucks fails to prove CHARBUCKS dark roasted blend 'tarnishes' Starbucks brand. Via Starbucksgossip.
In the Nov/Dec issue, Law Firm, Inc notes that as a result of the Foley Hoag v. Foley Lardner matter, it will be 'keeping an eye on Baker & McKenzie; Baker, Botts, and Baker & Hostetler; Holland & Knight, Holland & Hart; Fish & Richardson and The Fish and Neave IP Group of Ropes & Gray.'
Research in Motion, vendor of the Blackberry (known by some as Crackberry), has sued a vendor of a -BERRY line of personal organizers. Via Bloomberg.
One time, a long-time friend, whom I hadn't seen for years, visited me at home. He couldn't turn his Blackberry off. Every five minutes the thing vibrated the table and he would read the message. I don't think he even realized he was being rude. It was like a tic or something.
I used to have a SideKick and I had the email sickness. Now I don't use a handheld device and I'm only available by email maybe 14 hours a day.
Foley Hoag (home of the TTABlog's John Welch) has sued Foley Lardner over use of the term FOLEY.
If you would like to use trademark counsel that can itself stay out of trademark disputes, please consider our firm.
'Is Imitation Flattery, Theft or Just Coincidence?' - NY Times article on two similar commercials.
Arthur's Fresh Market has defeated a preliminary injunction motion that its use of ARTHUR'S FRESH MARKET infringes THE FRESH MARKET. Via Inside Indiana Business.
Jordache and the United States Polo Association prevailed with regard to three of four polo pony logos (not shown), in a in the Southern District of New York with Ralph Lauren Polo. Coverage here. If you have URLs for the disputed logos, please advise.
Tidbit: LV has sold 47,000 Multicolore bags in the U.S. to date, totaling $25 million in sales.
Louis Vuitton Malletier v. Burlington Coat Factory, 04-2907 (2d Cir, Oct 12 2005).
AutoChannel on GM's use of SKYROOF after license expiration.
Hersheys, owner of the MILK DUDS trademark,