2013

zamperla jump around

sambaballoon_main

Plaintiff sells amusement park rides. Above we see two of plaintiff’s rides, JUMP AROUND and the SAMBA BALLOON. Plaintiff accuses defendant of copying its trade dress (as well as advertising materials). Plaintiff has previously obtained an injunction against Defendant.

zamperla
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The Copyright Act has a three year statute of limitations, however it is determined on a ‘rolling’ basis for normal copyright claims. The Court may consider acts that occurred up to three years prior to the date of filing the complaint. However, a dispute over copyright ownership between the parties occurs only once – suit

I’m curious about count 4, forgery.

solace trademark
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Maxim started as a men’s magazine and has become a ‘lifestyle’ brand. Defendant used MAXIM for anti-perspirant wipes for people with hyperhidrosis, a condition causing excessive sweating. Four years ago, defendant began selling scented wipes, and adopted a logo and packaging that, allegedly, is evocative of Maxim’s image. Maxim itself is moving into fragrance and