Caliber produces SLASH IT sales events for auto dealerships. It has an incontestable registration for SLASH IT! SALES EVENT and another registration for SLASHER SALE. It provides materials and training, including ‘energizing’ for a dealer’s salesmen, so that they can ‘histrionically’ slash prices in front of customers. Defendant produced SLASHER SHOWS infomercials to sell cars.
2d Circuit: An Album Is a Compilation and Is One Work
Ten songs but one album, one compilation, one statutory damage award.
Decision Bryant v Media Right
SDNY: Text of Decision in Int’l Swaps v Socratek: Can You Sell Copies of EDGAR Filings?
This is an interesting case. Plaintiff makes copyrighted blank forms that companies fill out when they make EDGAR filings with the SEC pursuant to the Exchange Act. Defendant downloads completed versions of the forms from EDGAR and sells them. Plaintiff sued for copyright infringement.
First, it seems that this is a case of first impression
Madame La Gimp v Singh Is Kinng
Plaintiff owns rights in Damon Runyon’s work entitled “Madame la Gimp.” The movies “Lady For A Day” and “Pocketful of Miracles” were based on it. Plaintiff alleges that the movie “Singh Is Kinng” infringes.
Complaint Singh is King
Dwight Howard Singled Out For Pointing Out That He Gets Singled Out
Orlando Magic center Dwight Howard was fined $35,000 on Wednesday after criticizing officials on his blog DwightHoward.com for posting the following:
“I’m not looking to say anything to get myself in trouble with the league, but I just don’t see other star players getting called for fouls the way I get them,” Howard wrote on
Text of Arista v Doe
Defendant “Doe 3,” whose identity is not known to plaintiffs Arista Records LLC et al., appeals from an order of the United States District Court for the Northern District of New York, Glenn T. Suddaby, Judge, rejecting Doe 3’s objections to the denial by United States Magistrate Judge Randolph F. Treece of Doe 3’s motion
Salinger Remanded To Apply Ebay MercExchange Test
And there you are. 2d Circuit text of decision reversing the preliminary injunction in the Salinger case here.
After eBay, however, courts must not simply presume irreparable harm. See eBay, 547
U.S. at 393. Rather, plaintiffs must show that, on the facts of their case, the failure to issue an
injunction would actually cause
Milkcrate v Nike LeBron Soldier II Featuring Milkcrates
Plaintiff owns registrations for MILKCRATE for footwear and apparel. Nike’s LeBron Soldier II basketball shoes were inspired by LeBron playing hoops using a milk rate as a kid, feature a milkcrate’reminiscent design and uses ‘milkcrate technology.’
Complaint Milkcrate v Nike
International Trademark MetaSearch Reborn As TMview
Old-timers will recall that in early 2002, before there was a Trademark Blog, I hosted the International Trademark MetaSearch, which allowed a single search of every online trademark registry at the time. That got too expensive to maintain, and the Metasearch was consigned to the dustbin of history. However, the need for and usefulness of
Another One Of Those Isaac of Nineveh Copyright Decisions
Plaintiff Monastery translated works by St. Isaac the Syrian, also known as Isaac of Nineveh, from Greek into English (the copyright subsists in the derivative work, namely the translation). Archbishop (who had settled a previous case with the Monastery) posted Homily 46 to his website. Archbishop seeks to nullify the prior contract, and also