Aereo prevails. Request for injunction denied.
wnet v aereo
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Fresh Fruit v Refrigerated Fruit (DEL MONTE)
The original DEL MONTE spun off its fresh food division in 1989, leaving FRESH DEL MONTE selling fresh fruits and DEL MONTE COPR (“DMC”) sell preserved fruits. DMC began selling packaged fruits that indicated they should be refrigerated. Fresh argued (successfully) that the agreement at the time of the spin-off reserved fro Fresh the right
Trade Dress In A Tommy Gun v Al Capone
The Thompson Sub-machine gun is popularly known as the Tommy Gun (and also known as The Chicago Typewriter). Plaintiff owns rights to the word mark TOMMY GUN for firearms and ancillary merchandise. It also claims common law rights in the trade dress of a Tommy gun. It may or may not trace its
9th Cir: MMS Network Not Liable for (c) Infringement Of Which It Had No Specific Knowledge
Question to Ninth Circuit: Whether the owners of mobile multimedia messaging networks can be held liable for copyright infringement that allegedly occurs on their networks.
Justia opinion summary: Luvdarts sued mobile wireless carriers, who own multimedia messaging networks (MMS networks), for copyright infringement. At issue was whether the carriers could be held liable for
G DEFY v G DEFY. Plus Distinctive Material.
The logo looks like what you think it looks like. So who notices the word mark?
gravity defyer v under armour
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The Law of Shapes To Come slide deck
I gave a talk yesterday before the Institute of CLE for the Michigan Bar on ‘The Law of Shapes To Come.’ The arrival of affordable desktop scanners and 3d printers will allow near-perfect reproduction of 3D objects. The technology affords great opportunities, but will also challenge intellectual property rights (as did prior technologies such as
LUSH v LUSH
Plaintiff has registrations for LUSH for various beauty products. It has a reg granted under Section 44(e) for LUSH for beauty salons. Read the wording regarding ‘beauty salons’ in the complaint. Defendant uses LUSH for beauty salons.
lush v lush
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Read This Decision Before Drafting a Trade Dress Claim
Things when to consider when attempting to allege secondary meaning in trade dress.
urban v dicks sporting mtd
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Mars v M&M Income Tax (Wait, See Page 5 of the Complaint)
So I read the caption ‘Mars v M&M Tax’ and thought that perhaps this would be a case of overreach, but then when I read the allegations that employees of defendant would dress up as M&M Characters, I realized that Mars might have a point here. And then when I saw the photos of the
You Get Rid Of It, You Still Want It v. You Sell It, You Still Want It
Wells Fargo acquires the ABD Insurance company in 2007. It starts migrating the ABD name into the Wells Fargo name. By 2009 it’s letting various insurance licenses (and the trademark registration) and such under the ABD name lapse, and advising employees to use the Wells Fargo name exclusively. In 2011, a former ABD employee (and