2014

NEWPORT for butane lighter fuel seeks declaration of non-infringement and non-dilution with NEWPORT for cigarettes.

newport v newport.pdf

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Radiance is an anti-abortion group. It alleges that the NAACP is pro-abortion and refers to it as the National Association to Abort Colored People. The NAACP asserts that it doesn’t have a public position on abortion. This is a 52 page decision and its a hectic day and I’ve only skimmed the decision, but in…

Long decision, cross motions for summary judgment on multiple causes and on affirmative defenses. Hip Hop star 50 Cent prevails on right of publicity cause. Defendant argues that maybe the photo of Fifty Cent on its website is not necessarily recognizable as Fifty Cent. Court: well, you referred to it as a photo of 50…

Plaintiff seeks summary judgment that the term COLLECTIVE is descriptive as used by Defendant/Counterclaim Plaintiff. Defendant owns COLLECTIVE NETWORK, COLLECTIVE VIDEO and C COLLECTIVE THE AUDIENCE ENGINE. Defendant has used its oldest mark for at least nine years and has owned a registration for 5, but no 8/15 accepted yet. Also, there are allegations of…

So I’m representing a very large British company and it’s buying some IP from a California dot com company. The purchase price is big, and the seller is going out of business so its (California biglaw) attorney is calling me everyday, asking me where the money was. My client’s internal procedures were byzantine and several…

conrad banana

Important lessons from this case:

1. Singing telegrams spread cheer by bringing laughs into the workplace, home, public entertainment or party.
2. It is implausible to believe that if you wear a banana costume to perform a singing telegram in a workplace event, that someone won’t take a photo of you and post it on…

I’ve been blogging about the doctrine of ‘reputation without use’ since forever. Under what circumstances can the owner somewhere, enforce trademark rights in a jurisdiction where it doesn’t have priority by means of a registration or use in that country. Look from the inside out, that is, consider famous U.S. trademarks, such as FACEBOOK, GOOGLE…