premier v premier
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July 2012
Shameless Self-Promotion
There were 260 third-party domain names reflecting our client’s trademark. The names either directed to active counterfeit sites or pages o’ links leading to those sites. We brought an action and now the names belong to our client. The sites now bear a warning to consumers about counterfeit goods.
We can assist you with your…
Shirtail Inc v NBA and Hornets re I’M IN
Hornets ‘re-launch’ I’M IN campaign. Owner of I’M IN registration sues. The Hornets should be watchable this year, what with Davis and Rivers.
complaint shirtail v hornets
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Article on Registrability of 3D Shapes (such as chocolate bunnies) in the EC
Article by friend of the blog Jon Wyness of MW Trademarks on the registrability, or lack thereof, in the EC, of three dimensional shapes, such as chocolate bunnies.
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One More Advertising Injury Case – The Trademark In Question Was Not A Title Or Slogan
Flowers Bakeries Brands, Inc. sued Interstate Bakeries Corporation (IBC) (now Hostess) for trademark infringement, among other claims, alleging that IBC’S NATURE’S PRIDE and NATURE’S CHOICE trademarks for packaged breads were confusingly similar to Flowers’ NATURE’S OWN trademark. IBC’s insurer refused to defend IBC. IBC sought a declaration that insurer had a duty to defend IBC.…
THIS AMERICAN LIFE v THIS AMERICAN STARTUP
THIS AMERICAN LIFE v THIS AMERICAN STARTUP, both used in relation to, among other things, podcasts. We contributed to NPR and got a flash drive with several years’ worth of TAL podcasts. Interesting to note that host Ira Glass owns the trademark jointly with Chicago Public Media.
Infringer and Infringee To Be Named Later
In honor of the Olympics I’m posting a John Doe complaint filed by the Nassau Colliseum (where my wife and I saw the Dead play in the early 90’s). Also the original home of the New York Nets. We’ve discussed John Doe complaints before – this one caught my eye because it’s not brought by…
The Most Polite Cease And Desist Letter Ever Was Not A Cease And Desist Letter
So this is a good teachable moment.
This Mashable article about “the most polite cease and desist letter ever” created quite a stir. Everybody’s tweeting it and forwarding to trademark lawyers they know. A book’s cover referred to the famous JACK DANIELS label. The owners of the JACK DANIELS trademarks asked the author…
Come And Knock On Our Door
In 1976, Albert Brooks made a short film for Saturday Night Live parodying NBC’s new line-up of shows. One imaginary show was ‘The Three of Us,’ a sit-com about a threesome living together. Two years later, ABC came up with ‘Three’s Company.’ There’s a theory about CGI animation called The Uncanny Valley that hypothesizes that…
Initial Interest Confusion Not Applied To Gripe Site (on Motion to Dismiss, no less)
Ron Coleman of Likelihood of Confusion fame successfully represents defendant in dismissing trademark complaint. Defendant, PissedConsumer.com, is a gripe site. Complaints about EXAMPLE are hosted at EXAMPLE.PISSEDCONSUMER.COM. See screenshot above. No likelihood of confusion, even initial interest confusion, because consumers here will not be lured to stop searching by a competing site.
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