June 2008

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Plaintiff Meshworks was hired to make computerized, animated 3D models of several Toyota cars for an ad campaign. Faithfulness to what a ‘real’ car would look like was a ‘point’ of the model (which was used on web swites so that customers could manipulate the images (e.g. change color)). A dispute broke out, plaintiff sued

Wired: “Judge Says You Can Sell Your CDs“:

A federal judge is trashing UMG Recordings’ claim that it retains perpetual ownership of promotional CDs it sends out before an album’s release
.
The case was brought by the recording label against a California man who was auctioning off the promo discs on eBay.

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Plaintiffs seek to enjoin Defendants, and its agents, distributors, representatives, assigns,
and anyone acting in concert with them, from using the names, images, likenesses, signatures,
personae, and other related indicia of deceased baseball legends Jackie Robinson (“Robinson”),
Lou Gehrig (“Gehrig”), Mel Ott (“Ott”), Jimmie Foxx (“Foxx”), Rogers Hornsby (“Hornsby”),
Thurman Munson (“Munson”), George Sisler (“Sisler”),

SDNY: On remand, the Charbucks Marks does not dilute Starbuck’s famous mark even under the TDRA. See Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., Case No. 01 Civ. 5981, 2008 U.S. Dist. LEXIS 44147 (S.D.N.Y. June 5, 2008).
Commentary by the Las Vegas Trademark Attorney.