This is now the latest Second Circuit decision on minimum contacts in NY in an IP context.
Chloe sues Defendant. Defendant sold 52 non-Chole bags into NY and one alleged Chloe-counterfeit to Chloe’s NY law firm. The 2d Cir finds the totality of those sales sufficient for personal jurisdiction Page 18: the court says that
Another LEVI’S Arcuate Lawsuit
Levi Strauss fiercely protects its ‘arcuate’ trademarks, the arch-like design on back pockets, etc. Revise Clothing received the registration above, received a demand letter from Levis, and now brings a declaratory judgement action.
Complaint Revise Vanilla Star Levis Arcuate Trademark
The Burden Of The Past And The American Comic Book Writer (Gaiman v McFarlane)
Plaintiff Gaiman (famous writer) sues Defendant McFarlane (famous comic artist). Defendant hired plaintiff to write some scripts for the SPAWN comic book. Plaintiff creates a new character, Dark Age Spawn. Defendant later uses a Medieval Spawn. Judge, in determining damages, finds that Medieval Spawn infringes Dark Age Spawn.
Rainy day fun: compare the copyright analysis
BUDWEISER Stalled At 23 Of 27 EC Countries
Budejovicky Budvar of the Czech Republic, owner of the BUDWEISER trademark in certain EC countries, including Germany, successfully oppose InBev’s CTM application for BUDWEISER. IPKat commentary here, text of ECJ decision here.
Recommended Summer Reading
Delivering Happiness by Tony Hsieh, CEO of Zappos. Interesting quote:
Brand is a lagging indicator of a company’s culture.
Are there any law firms with a Zappos-like culture?
That’s Who That Is? SwipeBids v QuiBids – Fake Blogs, Fake Reviews and Melissa Theuriau
SwipeBids and QuiBids are ‘pay per bid’ auction sites. They will promote prior sales of popular consumer electronics and other items for very low prices. For example, on SwipeBids right now, it indicates that it sold an Apple MacBook Pro for $387, and a $20 Amazon Gift Card for $2. How do they do it?
Ticker Symbol Lawsuit
Coverage here:
Invesco Ltd., the Atlanta-based investment management company, has been sued by a Boston-based trust claiming infringement of its trademarks for exchange- traded funds.
Select Sector SPDR Trust said Invesco began marketing its PowerShares funds using the same XL ticker symbols SPDR has been using, in a complaint filed today in U.S. District
Mix-in’s as Grey Goods: Identifying Third-party Ingredients By Brand Names
Defendant bakery identifies branded cookies and candies as toppings for its cakes. Plaintiff See’s Candies alleges that defendant’s ‘manufacture, storage, sales and storage’ processes don’t meet See’s standards, therefore the See’s candies offered are materially different and therefore infringing.
Complaint Sees Aunt Joy
Text of Ninth Circuit Opinion Reversing BRATZ Constructive Trust
Coverage here.
Decision Bratz
‘Appeal’ Of UDRP To District Court
Plaintiff is a re-seller of Defendant’s NUPRO product. It registered the NUPRO.COM name and used it as landing page to promote the NUPRO product (linking to its multi-brand site). Defendant brought a UDRP and for the reasons described in this decision, the panelist held that plaintiff’s use exceeded a four part test of fair