JM Smucker, inventor of the crustless PBJ, sues law firm operating SMUCKERLAWSUIT.COM for cybersquatting, arguing that the site constitutes commercial use, in that it is soliciting plaintiffs for class actions against Smucker regarding its alleged use of ingredients such as trans fats.
Straightforward Copyright Decision Involving Screenplays About Empathic Kids (‘Prodigy v Touch’)
prodigy v touch copyright
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ICANN Contention Sets (Similar TLD Strings) Announced
ICANN has announced its ‘contention sets,’ – applications for new TLDs that have identical strings (for example, the 12 .APP applications) and two near-identical sets (.HOTEIS and .HOTELS, and .UNICOM and .UNICORN). Background here.
icann contention sets
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Lindsay Lohan And Duty To Your Adversary: Be Chivalrous Or Give Them Enough Rope?
This turned out to be a pretty interesting decision. The ‘case in chief’ is sort of straightforward. The rapper Pitbull released a song ‘Give Me Everything’ which has the lyric ‘So, I’m tiptoein’, to keep flowin’/I got it locked up like Lindsay Lohan.’ Lindsay Lohan sues under NY Civil Rights Law Sections 50 and 51
A Mighty Fortress Is Our God But Not Yet Incontestable
Apparently an Italian apparel firm owns US registration 3232057 for the mark JESUS. Hat Tip NP.
50/50 Decision Could Have Gone Either Way
JUSTIA Summary: Eastland is the proprietor of the rap duo Phifty-50, which, according to its web site, has to its credit one album (2003) and a T-shirt. Eastland has registered “PHIFTY-50” as a trademark. It also claims a trademark in “50/50” and contends that Lionsgate and Summit infringed its rights by using “50/50” as
Holy Separability Doctrine, Batman!
I’ve been seeing a fair amount of criticism of the holding that the Batmobile is a copyrightable character. Still, a good decision to work through.
A seemingly less controversial holding might have been to treat the Batmobile as a protectable aspect of the Batman character. See New Line Cinema v Russ Berrie, 161 F.
Beats v Yamaha re Trade Dress of Headphones
See page 5 of complaint for Yamaha ads targeting Beats.
beats v yamaha
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Another DJ Action (by JC Penney) Against Aspen Licensing
dj penny v aspen licensing
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GOLD BEAR in words vs Chocolate Bears, in Gold Foil.
Jon Wyness of MW Trademarks on Haribo v Lindt Sprunglion a Regional Court of Cologne decision holding that Lindt’s three dimensional gold foil wrapped chocolate bears infringed Haribo’s German registration for the word mark GOLDBAREN (gold bear), for gummy bears.
wyness haribo gold bear
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