2012

SDNY departs from first-filed rule, enjoining Florida action as it was ‘improper anticipatory’ action filed one day before ‘natural plaintiff’s’ SDNY action.
sdny declaratory judgement miller fabircs
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After a first scan of the list: the winner is .APP, with 13 applications. The only obvious trademark conflict I saw involved .COACH (2 applications) and .MONSTER (2 applications). (UPDATE – Google filed by .ING, but ING didn’t. Also, .SAS filed for by two different applicants) Google and Amazon will butt heads over several generics.

EDNY court exercises personal jurisdiction over defendant whose contacts with New York consist of three trap sales to plaintiff and fairly successful ‘stores’ on Amazon and eBay.

edny envirocare personal jurisdiction
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Would your accounting department process the document reproduced below? Maybe it has. Consider:

Title 39, United States Code, Section 3001, makes it illegal to mail a solicitation in the form of an invoice, bill, or statement of account due unless it conspicuously bears a notice on its face that it is, in fact, merely

. . . but it’s a little odd that Bogart’s lawyers don’t know that Claude Rains, and not Bogart, delivers the line ‘Round Up The Usual Suspects.’ See para. 25, page 7 of the state complaint. Burberry should certainly deny that allegation.

Coverage here.

bogart v burberry
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Adidas sues Wolverine for infringement of adidas’ three strip mark. Pictures of the allegedly infringing footwear on pages 11 and 12 of the complaint (one is pictured above).

Para 61 on page 19 is interesting as it alleges that the infringing footwear ‘also’ dilutes’ adidas’ rights in 34 states other than Oregon (where the suit