I will be moderating an INTA Roundtable on the use of trademarks in packaging and advertising, this Thursday at our offices in White Plains. We’re two minutes from the MetroNorth station. Details here.
Pig Design v Pig Design
Owner of GLUTNY and pig design sues H&M over allegedly similar pig design (See exhibits to complaint).
Complaint Glutny h & m Pig(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();
Common Law Marks Under NJ Truth In Music Act
New Jersey has a Truth in Music Act regarding the use of a name to promote a performance that may suggest a connection with a recording group. 3d Circuit discusses treatment of common law marks under the NJ act.
Decision 3d Circuit(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src
Warner Bros v AVELA: Derivative Works of PD Material
Movie studios, when promoting movies such as The Wizard of Oz and Gone With The Wind, created original works, such as photographs of the stars in costume on the set, for use in posters and flyers and the like. Some of these promotional materials were published without notice, and under the 1909 Copyright Act, were
3d Cir: Printed Author Credit Qualifies As Copyright Management Information Under DMCA
Defendant removed photographer’s name from ‘gutter credit’ of photo. Plaintiff brings Sec. 1202(c) DMCA claim, namely that copyright management information (CMI) had been removed. Defendant argued that the section refers only to automated CMI. 3rd Circuit:
Therefore, we find that CMI, as defined in § 1202(c),
is not restricted to the context of “automated
First Circuit Holds That Gossipy Doorman Is Stock Character
Actor leaves sitcom for new sitcom with different station. Actor had suggested ideas for scripts and characters in the first show, however his contributions did not rise to copyrightable authorship (such as his suggestion for the gossipy doorman). Sitcoms were found to be substantially similar.
Decision 1st Cir Tmtv(function() { var scribd = document.createElement(“script”);
Letter Protesting PROTECT-IP Bill
PROTECT-IP Letter, Final(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();
Five Guys
Training the staff at the Five Guys burger place in White Plains.
Ovate Logo v Ovate Logo (Ovate Means Egg-Shaped)
Brunswick Billiards owns registrations for its ‘ovate’ logo, as well as a supplemental registration for the outline of the ovate logo. Defendant allegedly used the ‘ovate’ logo depicted above, bottom.
I just searched the term ‘Badge Shapes’ and now I have a Google-headache.
Complaint Brunswick Ovate Logo(function() { var scribd = document.createElement(“script”);
Apple Fails To Show Likelihood of Confusion re Amazon’s Use of AppStore
ND Cal District Judge denies Apple’s motion for preliminary injunction regarding Amazon’s use of APP STORE FOR ANDROID. The Court denied to hold whether APP STORE is a generic term, but rather held that Apple failed to show a likelihood of confusion (noting that Apple failed to show that APP STORE was a strong mark).