Complainant owns rights in LEXAPRO for pharmaceuticals. Respondent established that it was developing a product for muscles named FLEXAPRO. Complaint denied.
The Dark Red Night of the Sole, con’t
There were two primary arguments against single color marks – the first was ‘color depletion theory’ and the other was ‘shade confusion theory: The gist of the color depletion theory was that there were only so many colors so taking even one out of circulation disadvantaged competitors. The shade confusion theory went to the
I Have Got To Get A Jingle For The Trademark Blog And License The Mark
First, go here and check out the jingle. 10 stacks or better better. This is in my head for the rest of the day.
OK, Florida law firm Carner Barzaky owns a federal reg. for the mark BIG AL for legal services (apparently personal injury law). Plaintiff spends $100k advertising and asserts that the
I Would Blog About the Apple v Apple Story Injunction . . .
where Apple moved to enjoin the APPLE STORY store in Flushing, NY (in fact they filed the TRO the day the photo ran), but all the documents are under seal.
Augusta National v MASTERS Video Game
Complaint Augusta Masters Videogame(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); })();
APPLE Logo
My son painted this.
Budweiser Sues Union For ‘Budweiser Is Tasteless’ Campaigh
Heidelberg is a multi-brand beverage distributor. It’s in contract negotiations with the Teamsters, who began a publicity campaign in connection with the discussions, in which campaign the union refers to Heidelberg as ‘Budweiser’s Distributor.’ The union put up highway billboards that say: “Tell Budweiser Heidelberg’s Destruction of Ohio Jobs Is Tasteless.” From a distance (while
Newspaper Article About Plaintiff Was Nominative Fair Use
Plaintiff 800-GET-THIN was subject of negative article in LA Times and sues under false advertising prong. LA Times was not commercial speeck and was nominative fair use. 43(B)log discussion here.
Decision CD Cal La Times Get Thin False Advertising Nominative Use(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true;
Blink 182 v 100 John Does, 100 Jane Does and XYZ Company
Blink 182 is playing a concert in Massachusetts on the 9th, and they’re expecting trouble from 100 John Does, 100 Jane Does, and the XYZ company. T-shirt pictured above from here.
Complaint Blink 182 John Doe(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
If Companies Swapped Logos
From here.