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This Appears To Be A Real Product
From here.
2d Circuit: LV v LY re Whether To Stay Civil Counterfeiting Case Pending Criminal Proceeding
What should a court consider when asked to stay a civil proceeding when defendants are facing a criminal proceeding as well (considering that admissions in the civil proceeding could prejudice their ability to defend the criminal proceeding:
1) the extent to which the issues in the criminal case overlap with those presented in the civil
Japanese Trademark Law Revision from Shiga International
CMG v Estate of Marilyn Monroe
CMG and Estate of Marilyn Monroe continue their dispute over the rights to her rights of publicity, to the extent they exist.
Background here. Two comments about the complaint. There’s a typo in paragraph 21, and if CMG had to list 8 famous celebrities it represents, I’m surprised Tommy John makes the list.
EDNY: ‘Self-serving’ Testimony Not Sufficient For Summary Judgment
All defendants except remaining defendant settle with or are voluntarily dismissed by Nike. All testify that remaining defendant is the ‘orchestrator of the counterfeit shoe importation.’
“Defendant. . . has not come forward with facts to dispute their testimony. Technically, he has not met his obligation to do so under the summary judgment rule. Yet,
How Much Does a BMI Logger Make, Do You Think?
BMI logger goes to the restaurant that had ignored phone calls and letters from BMI, takes notes as to the BMI songs he heard, swears out an affidavit, destroys his notes (as a matter of routine) nine months later. Affidavit is admissible.
BMI asks for $3k in damages per song, defendant asks for $2k, judge
Another Fish Sticks Story? Fraser v Gorton’s re SEAFOOD TEMPTATIONS
I’m not sure precisely what the deal is here. There is an allegation of trademark infringement by the owners of SEAFOOD TEMPTATIONS against Gorton’s, for using SHRIMP TEMPTATIONS. However a lot of lawyers and a federal judge (“in her non-judicial capacity” (sic)) are identified as defendants as well (see paras 1.13 to 1.20).
I see
OWN YOUR POWER Found To Be Forgettable
Plaintiffs own a registration for OWN YOUR POWER for motivational services. The October 2010 issue of O Magazine displayed a photo of Oprah with the headline phrase “Own Your Power” and some other commands, such as ‘Unlock Your Inner Superstar’ and “Tap Into Your Strength.” On September 16, 2010, the magazine promoted an “Own Your
9th Circuit: Damages in False Advertising Case
Defendant is a booking service for skydiving services but falsely represented that it owned and operated skydiving facilities. District Court awarded $10 million comprised of actual damages, disgorgement of profits and damages enhancement. On appeal, damages enhancement was found to be punitive, and was reversed.