SUPERHERO v SUPERHERO LAWYER
For a business that sold fictional characters with extraordinary or superhuman characters, would you say that SUPERHERO is a brand name or a common name?
Law firm files for SUPERHERO LAWYERS for legal services. Marvel and DC, co-owners of incontestable registrations for SUPERHERO, oppose. Notice of opposition, with funny drawings, reproduced below, as well as
Who Is The Real SYLVANFRANCHISEISUES.COM?
Somebody registered SYLVANFRANCHISEISSUES.COM and posted information about ‘issues’ that franchisees allegedly have with the SYLVAN franchise. Sylvan alleges that some of this information is false and defamatory.
If you’re in the mood, read Lamparello v Falwell and Bosely v Kremer to start thinking about the ACPA analysis of ‘critical’ websites.
If Sylvan can prove defamation,
Upon This Mark I Will Build My Church: Religious Sects As Trademarks
Plaintiff owns registrations for REORGANIZED CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS. Defendant refers to itself as a ‘restoration branch’ and uses the term “Reorganized Church of Jesus Christ of LDS: Devon Part Restoration Branch.” Most of this case is straight-forward. Defendant pleads abandonment as a defense and the court rejects that argument.
The
Wolk v Photobucket: “Shoulda Known” Argument Fails To Remove DMCA Protection
The works of plaintiff were uploaded without authorization to the Photobucket service. When plaintiff sent a DMCA-compliant notice, Photobucket removed the material. Plaintiff apparently got tired of sending DMCA notices and sued Photobucket, arguing that h was not entitled to DMCA protection. It made a general ‘Photobucket should have known’ or “Photobucket should have taken
It’s Not An App Store, It’s A Mobile Download Service (Text of Complaint in Apple v Amazon)
ok. It’s not an App Store, it’s a mobile download service. Say, I just licensed the Angry Birds software suite from the mobile download service offered by my cellular telephony provider’s hand-held phone with PC-functionality. Just joshin.’
Here is an excerpt from Apple’s first response to the descriptiveness objection (that it overcame) when it applied
Why Doesn’t the Northern District of California . . .
. . . make ECF mandatory? It isn’t, so I don’t have a copy of the Apple v Amazon complaint.
Air802 v Amazon re AIR802
Air802, manufacturer of wireless products, sues Amazon for alleged infringement of AIR802 trademark.
Complaint 802 Amazon(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “/javascripts/embed_code/inject.js?1300738718”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();
Groupon Sued For Keyword Tricks
San Francisco tour operator sues Groupon for buying keywords such as NAPA WINE TOURS, placing such terms in its keyword ads in its ads, regardless of whether it was offering coupons for such services, in order to inflate its keyword placement.
complaint san francisco tour groupon(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”;
Virginia Tech HOKIES v HOKIE Real Estate
Virginia Tech is a state university in Virginia. The university’s athletic teams are known as the HOKIES. Also, “many or most Virginia Tech alumni recognize themselves as Hokies are proud members of the so-called Hokie Nation, in recognition of their affiliation with Virgina Tech.” Remember my article on Who Dat? Virginia Tech has an incontestable