Fujitsu Transaction Solutions filed a used based application on March 7, 2003, for IPAD, covering ‘handheld computing device for wireless networking in a retail environment,’ stating a date of first use of January 8, 2002. It was published recently and Apple has taken an extension of time until February 28, to oppose.
Apple’s date of
THE TOY BOOK and BIG TOY BOOK v BIG BOOK (of Toys)
Publisher which had licensed Toys R Us to use THE TOY BOOK and BIG TOY BOOK (after dispute) sues for TRU continuing post-license use of BIG BOOK.
Complaint Big Toy Book
Plaintiff Gets Over Aquiescence Hump
Go to the iTunes store and listen to 30 seconds of “I Need A Freak,” recorded in 1983 by the band Sexual Harrassment. This song was licensed by one of defendants (dba Sexual Harrassment) to the Black Eyed Peas for use in ‘My Hump’ in 2005. Plaintiff alleges he wrote the song. Defendant alleges acquiescence.
Chartered Financial Analysts v Charted Securities Analysts
Owner of CFA and CHARTERED FINANCIAL ANALYSTS marks sue user of CSA, CERTIFIED SECURITIES ANALYSTS and CHARTERED SECURITIES ANALYSTS marks.
Complaint Cfa v Csa
TRO Denied re Parody of Prop 8 Group’s Logo
Anti-prop 8 advocacy group uses parody of pro-Prop 8 advocacy group. TRO of parody denied. Trademark Blog Coulrophobia archive here.
Decsion Protect Marriage Parody
Berne Doesn’t Seem To Be Self-Executing
Sometimes decisions are interesting because the issue in contention is so apparently uninteresting (by this point). The Berne Convention pretty much (but not exactly) says that it is not self-executing. There are many U.S. decisions that say that it is not self-executing (and every SDNY decision holds that it is not). Congress, when it implemented
Third Quarter Statistics Re Trademark Filings
CSC’s TRADEMARK INSIDER is out. Companies that filed a lot of trademarks in the 3d Q, 09, in addition to the usual suspects (Time Warner and Mattel are nos 1 and 2), incude the United Football League, the Big Balloon Adventure Movie and Jake’s Fireworks.
Infringement and/or Breach of Contract and/or Fraud
Discussion of pleading standards in SDNY re trademark infringement and/or breach of a license agreement and/or fraud.
Decision Houbigant Breach Contract Fraud Infirngment
SDNY Decision on ABBOUD After 2d Cir Remand
Court sets out manner in which Joseph Abboud may use his own name after having sold ABBOUD trademark.
Decision Abboud Jan 12 10
EDNY: 5 Months Is Too Long To Bring Prelim Motion
Not really an unusual decision but a reminder about the need for speed when bringing preliminary injunction motions. Plaintiff learned of complained-of behavior in June, didn’t file the proposed order to show cause until November. It’s three reasons for delay: (1) waiting for the expedited copyright reg’ns; (2) it granted an extension to the defendant