Ownership of US Trademark Between Foreign Suppliers and US Distributors
Easter District NY: Foreign distributor tussles over ownership of trademark in the US with its (alleged) former distributor, in this case MONTANA vegetables from Egypt (hmmm).
Decision discusses caselaw re presumption that foreign manufacturer owns trademark vis-a-vis an exclusive US distributor and what might vary that presumption. HOWEVER, don’t let this happen to you. The
Reasonable Attorney Rates and Hours In New York
Plaintiff prevailed by default in a trademark infringement case in the Southern District. It sought attorneys’ fees . The Court considered the reasonableness of the hourly rate for the timekeepers involved and the number of hours they expended.
$657/hour was ‘well withn the range of rates for law firm partners with significant IP law experiencein
Seen In A Drugstore
Microsoft v Apple re Genericness of APP STORE
This is Microsoft’s brief for summary judgement in its TTAB opposition to Apple’s application for the mark APP STORE.
The brief alleges that Steve Jobs used the term ‘app store’ to refer to competitors. I can picture the Apple in-house trademark lawyer going into his office the next day: “Great keynote speech yesterday, Mr. Jobs.
Railroad Models and Selective Compression
Railroad modelers strive for historical accuracy. However they will vary a model from an existing building in two respects. The modeler will practice ‘selective compression‘, which involves removing details in order to fit the smaller scale, while retaining the look of the original. Second, they may vary the appearance of ‘trim’: color and
JOE’S PIZZA v JOE’S PIZZA
Former son-in-law of owner of JOE’S PIZZA OF BLEECKER STREET uses JOE’S PIZZA and JOE’S PIZZA OF BLEECKER STREET. He also allegedly refers to the original JOE’S in his advertising. He is enjoined from making such references but not enjoined from using the ‘generic’ name JOE’S PIZZA.
Brotherly Squabble Over Hair Videos
Older brother is a hair stylist, ‘hires’ (that’s in dispute) younger brother to film hair styling instructional videos. They part ways. Younger brother continues selling the videos. Older brother sues on copyright, trademark, right of publicity, cybersquatting and infliction of emotional distress. Younger brother moves for summary judgement for all but copyright claim. Mixed
Virtual Horses Enjoin Second Life From Enforcing Virtual Bunnies DMCA Notice Under Sec 512(f)
Northern District Cal. enjoins Second Life from removing Plaintiff’s virtual horses on Second Life, subject of DMCA takedown notice sent by defendant (who alleges that plaintiff infringed its virtual bunnies software).
Hardly any 17 USC 512(f) actions in a decade, then two in two months. 512(f) is the notional safeguard against DMCA abuse.