Yahoo! alleges that defendant committed trademark infringement by sending fake ltotery spam. Defendant brings counterclaim alleging that (1) he didn’t commit infringement; (2) therefore he is being defamed. Yahoo! moves to dismiss counterclaim. Court notes in decisding Yahoo’s motion to dismiss it must treat non-moving party’s factual allegations as true, not its legal conclusions. Even
Use-based Applications for SARAH PALIN and BRISTOL PALIN
Sarah Palin had applications filed for SARAH PALIN and BRISTOL PALIN. The office actions are below. You can look at the specimen of use for BRISTOL PALIN here: bristol palin specimen (it consists of the words BRISTOL PALIN on a piece of paper. Some people think this person should be the one to select Supreme
Sheer
Ceci N’est Pas un Birkin Bag
ha!. I would have to believe that this fact pattern has to have happened before in the history of the world, but I don’t know about it. Thursday Friday puts a picture of an Hermes Birkin bag on a $35 tote, as ‘an anti-status symbol.’ “My other car is a . . . ” Times
UGGLEBO Clogs v UGGS
UGGLEBO Clogs sues owner of UGG trademark in U.S> in District Court in Minnesota. Allegations include history of the Ugg boot: “Legend is that Australian pilots wrapped their feet and legs with sheepskin to keep warm in unheated airplanes. The wraps were so ugly they were referred to as ‘uggs.'” (para 11).
Text of Decision in AFP v Morel (the TwitPic Case)
Morel is a professional photographer. He was in Haiti the day of the earthquake and uploaded his pictures to TwitPic.com, linking to those pictures using his Twitter account. The AFP news agency allegedly distributed without authorization and mis-attributed his pictures in various ways. AFP argues that the Twitter terms of service granted them a royalty-free
PING PONG Is A Registered Trademark For Table Tennis
Go look at registration 520270 if you don’t believe me. I represented a UK company named Jaques that claims that it coined the term and sold it to Parker Brothers around 1900, but that’s another story.
Now, to anticipate a question I get asked when I blog about this sort of suit: “Because the plaintiff
And Another Levis Arcuate Complaint
Levi’s sues Dolce and Gabbana re back pocket stitching. Prior ‘arcuate’ complaint here.
Checking In With LV v Hyundai (Luxury Basketballs)
Hyundai ran a commercial during last year’s Super Bowl which depicted (for a few seconds) an ‘LV’ basketball as one of a series of exaggerated images of luxury. LV sued (complaint here, but sadly, commercial removed from YouTube). I checked the docket today (slow weekend) and it looks like the lawsuit proceeds – the
