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
Detail from display in Niketown in Manhattan.
From the complaint: Plaintiff Swatch, a Swiss publicly traded company, hosted a conference call for securities analysts. The call was transmitted and recorded by a conference call service. Participants were instructed not to record the call for publication or broadcast. Bloomberg News was not invited or authorized to participate in the call. Bloomberg recorded the
The NY Times ran an article today on KENNEDY FRIED CHICKEN . There was an original KENNEDY FRIED CHICKEN in Brooklyn and it spend its early years being sued by KENTUCKY FRIED CHICKEN, That dispute ended when KFC became KFC. While the owner of the original Kennedy’s now owns federal trademark registration 2994240, the name
Memo to strike jury demand in Kirby family lawsuit with Marvel over termination of grants of copyright rights. “Claims for a declaration as to future ownership rights such as the parties seek here are quintessentially equitable in nature and not triable to a jury.”
Are these pocket stitching designs ‘identical or near identical – essentially the same and not just similar’?
Or do they merely possess a degree of similarity such that the top design impairs the distinctiveness of the lower design?
If you asked the first question, and answered no, then you were the District Court, and you
Odd. Defendant allegedly sells Chanel fragrances without the outer packaging, without cellophane wrapping, with the laser-etched batch code scratched off, in an unmarked cardboard lining held together by rubber bands or clear adhesive tape. That doesn’t seem like the best way to sell Chanel.
The Game, featuring Fifty Cent, released “How We Do” in 2005. Plaintiffs registered copyright for their song ‘Elevator” in 2002. Both songs are described as contemporary hip hop songs. Both songs’ choruses contain the phrase “this is how we do” four times, interspersed with other lines, set to a similar rhythm.
A copyright plaintiff must
A defendant’s counterclaims can act as a bear trap for plaintiff, keeping it in a case that it wishes to unilaterally drop.
Plaintiff sues defendant alleging trademark infringement of a registration described as a ‘design’ or ‘configuration’ mark. Defendant files answers and counterclaims seeking declaratory judgement cancelling registration. During discovery, plaintiff delivers uni-lateral covenant not