Heinz owns a registration covering a 2d version of a mark depicting its bottle described as:
. . . a two dimensional representation of applicant’s ketchup bottle container and the product labels affixed thereto, which two dimensional representation is itself used as a logo mark on single serve packaging for the applicant’s goods.
It owns
Time’s up from yesterday’s post.
Jewel ran the above ad in a commemorative issue of Sports Illustrated, without the authorization of Michael Jordan. MJ sues. MJ concedes that if the ad is held to be non-commercial speech, then his various claims fail. The Court, interestingly, says that it’s not so sure that’s correct (page
On today’s segment of ‘You The Judge’, please analyze the claims Michael Jordan may have against Jewel-Osco regarding the ad reproduced above (which ad ran without his authorization). This ad appeared in the inside back cover of a special issue of Sports Illustrated commemorating MJ’s induction into the Hall of Fame. Something you might need
Plaintiff owns incontestable registration in SOBER COLLEGE for educational services and substance abuse treatment services. Alleges defendant is infringing its mark in relation to its educational services for students who have had substance abuse problems.
sober college complaintsober college complaint
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The United States Patent and Trademark Office (USPTO) is closed today, Monday, March 3, 2014. Trademark Electronic Application Submission (TEAS), Trademark Electronic Application Submission International (TEASi), and Electronic System for Trademark Trials and Appeals (ESTTA) remain available for use, and trademark filings therefore can be submitted electronically despite the closure. Nonetheless, any action or fee
Plaintiff claims trade dress in distinctive features of portable bluetooth speaker including ‘rectangle with rounded corners,’ ‘perforated grille,’ and ‘circle design passive radiators.’ See para. 39 for list of features. Interestingly, it seems to be claiming distinctive sounds made when pressing certain buttons, as part of the trade dress, making the claim and interesting mix
Actress likely to establish that she owns independently copyrightable interest in her performance in a film.
EFF reaction to Garcia v Google
garcia v googlegarcia v google
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Plaintiff sells the REPR rifle. Defendant publicly disputed inventorship. Plaintiff sues for 43(a) false statements and state torts relating to defamation and business disparagement.
Interestingly, while Rule 11 prohibits knowingly false statements in pleadings (at the federal level), statements made in a lawsuit tend to be privileged with regard to defamation.
The Gatling Gun, while not a truly automatic weapon, was one of the first rapid-fire guns, first deployed in the American Civil War The T-Shirt cannon is believed to have been introduced by the San Antonio Spurs during the mid-90’s. Plaintiff owns a trademark in T-SHIRT GATLING GUN. Plaintiff alleges defendant sells inferior guns
Interesting fact pattern. Plaintiff developed a stuffed bear with ‘hugging’ technology, and received a trademark registration for LOTS OF HUGS (there’s some muddiness in the chain of title, so let’s slip some ‘allegedly’s in there). Disney names the evil bear antagonist on Toy Study 3 LOTSOHUGGIN’ or LOTSO. Plaintiff is forced to change the