Dunkin Donuts is a franchisor. If a franchisee allegedly breaches its agreement such that Dunkin terminates the license, and the licensee continues to use the trademarks, then in addition to any contractual claims, there may be trademark claims as well:
Dunkin Donuts v. Bakery Maestro, 1:08-cv-00659-RBK-JS (D NJ Feb 6 2008) (excerpted complaint).
When Copies Are Free, You Need To Sell Things That Can’t Be Copied
Kevin Kelly: “Better Than Free“:
When copies are super abundant, they become worthless.
When copies are super abundant, stuff which can’t be copied becomes scarce and valuable.
When copies are free, you need to sell things which can not be copied.
Well, what can’t be copied?
via Dennis Kennedy.
What Animal Is Your Lawyer?
WSJ: “Provocative Lawyer Advertising: Fair or Foul?
To a large degree, the story focuses on Florida. The Sunshine State prohibits slogans, jingles and “manipulative” visual depictions, among many other no-no’s. The Florida bar also has a thing about certain animals. Pit bulls are verboten (as was the advertisement pictured), and the bar has also stricken
Second Circuit Against The Rest Of The Country re: Keywords As Use In Commerce
Prof. Goldman: Kentucky Court Votes Keyword Ads = TM Use In Commerce:
Either way, this case reinforces the pattern that Second Circuit-controlled courts aren’t finding trademark use in commerce from keyword triggering and all other courts are. In that respect, this ruling is reminiscent of the American Airlines v. Google ruling, where the court declined
Creative Piracy: The Paintings of Russell Connor
43(B)log: Creative Piracy: The Paintings of Russell Connor:
Russell Connor makes paintings based on artistically significant paintings, both within copyright and without. He juxtaposes Goya and Manet, Renoir and Gaugin (“By joining the two worlds, my painting represents the familiar phenomenon of older, or less “civilized,” cultures seeking to survive by displaying their picturesqueness
Risque Use of Risque
Adult video chain Risque sues defendant for use of RISQUE on adult video, on infringement and dilution grounds.
Risque Video and Top Ten Video v. Super Video Plus et. al., 2:08-cv-00569-ER (ED Penn Feb 5 2008).
Not So Clean Flicks?
From the complaint:
“Since 2000, Plaintiff has been engaged in the commercial entertainment distribution industry. Plaintiff formerly sold and rented edited movies. Plaintiff currently rents unedited movies via an online business. Until recently, Defendant sold and rented edited movies. This case is about Defendant falsely representing himself to be a founder, owner, franchisee, or dealer
MySpace v MySpace.co.uk
Interesting Nominet decision finding for MySpace, even though registrant had apparently registered the name before MySpace launched.
MySpace, Inc. v Total Web Solutions Ltd.. Nominet DRS 04962 (Notice of Intent to Appeal Received).
Out-Law commentary here.
Well, You Get Three Years To File A Statement Of Use on That 19-0 Application
Giants 17, Patriots 14.
Eames Office v Pod Hotel
Eames Office licenses the IP of Charles and Roy Eames. They created the Dot Pattern in 1949 and Eames Office published it as a fabric in 1999. The Pod Hotel obtained a swatch but did not purchase the licensed fabric. It instead allegedly purchased a ‘knock off’. The Eames pattern was used in promotional