Fidelity sues defendant for copyright infringement and trade dress in software.
Decision in a W.D. Washington website trade dress case here.
Complaint Trade Dress Software
No Gradual Whittling Away Of Distinctiveness Among The Very Young
Alexndra Roberts: “New-School Trademark Dilution: Famous Among the Juvenile Consuming Public“:
The recently enacted Trademark Dilution Revision Act of 2006 recali-
brated the degree of fame necessary to garner protection: the TDRA applies
only to a mark “widely recognized by the general consuming public of the Unit-
ed States as a designation of
Miller Analogy Test
Demand letter is to embarrassing information as high speed fan is to friable asbestos. Discuss, after reading this.
How To Get To $2.5 Million In Damages
How Motorola was awarded $2,508,703.31 in damages in a counterfeiting case in the Southern District of NY. Discussion of statutory damages and analysis of legal fees.
Decision Motorola Damages
Dr Oz and Oprah Endorse This Complaint
Dr Oz and Oprah sue many many websites using their names and likenesses to push dietary supplements such as reservatol and Acai. Background here.
compaint oz
TRAVELOCITY.COM v TRAVELOCITYINDIA.COM (in rem)
One of those in rem ACPA complaints you hear about.
Complaint in Rem Acpa
ADVERTISING.COM and AD.COM v ADVERTISE.COM
Pictures Not Worth 1000 Words: How To Plead Trade Dress Infringement and Dilution
Plaintiff is the authorized distributor of the BELLINI CHAIR. A registration for the shape of the chair looks like this:
Design Within Reach had been an authorized retailer of the BELLINI chair:
Then DNR came out with a chair that looked like this:
Plaintiff sued on trade dress infringement and dilution (Bellini complaint previously
Repeat After Me: There Is Such A Thing As Expedited Handling of an Application For Copyright Registration
Ownership of a copyright registration (or of a refused appllication) is necessary to bring a copyright suit. In the Second Circuit at least, it is clear that ownership of a mere pending application is insufficient.
I don’t know all the facts in the decision dismissing the complaint embeed below, so I’ll just say that I
SDNY: (c) Injunction Limited To Registered Versions
SDNY decision limiting injunction to registered versions of a software program (as opposed to extending it to unregistered ‘derivative’ versions.
Practice pointer: file for copyright registrations of new versions of a work early and often.
Decision Copyright Derivative Work