March 2011

Motion for preliminary injunction. Plaintiff uses GO SMILE for teeth whitener systems, defendant uses GLO for the same. Products are or will be sold side-by-side in certain locations. Plaintiff provided no survey (Court didn’t use the words ‘negative inference’ but noted that plaintiff had had 16 days in which to do a survey). Defendant proffered

According to the complaint below, CARIBBEAN MEDICAL UNIVERSITY, promoted here, doesn’t exist (see para 21 of comlpaint).

Plaintiff, American Global University School of Medicine, alleges that defendant, former employee of Plaintiff,  stole passwords and codes, and set up fictitious websites, accepting admission application fees to a fictitious medical school (estimated $500k para 33).   Also,

Reno Aces baseball teams allege that logo designer sold similar image to Nevada Aces base ball team (depiction of Nevada Aces logo in complaint).

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Before the Sonny Bono copyright extension in 1998, I thought this would be the dominant trademark issue of coming decades.  It might still be if there are no more extensions, so here’s a preview.

Fleischer claims trademark and copyright in the BETTY BOOP word and image.  It has incontestable trademarks in both.

Avela sells BETTY

I have news.

I moved my practice to Leason Ellis today.  Leason Ellis is a young, growing IP law boutique in White Plains, NY (for you out-of-towners, White Plains is 35 minutes from mid-town Manhattan).  We do trademarks, patents, copyrights, domain names and licensing.  It’s a national-caliber practice with in-building parking, so what more could