Daco has a registration for the trade dress of a handle for blow torches. The mark is described as “a molded plastic handle for the goods consisting of a series of adjacent ring-like formations encircling the handle.” The drawing is depicted on top above (the protected handle is the right side of the drawing –
2014
Finish Strong v Nike re FINISH STRONG
Plaintiff Finish Strong LLC has incontestable registrations for FINISH STRONG for ahtletic-themed merchandise including apparel. Nike has a FINISH STRONG running collection.
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JAMES DEAN Estate v Twitter re @jamesdean
There is a Twitter account with the handle @jamesdean. The tweets tend to be pictures of Dean, or quotes by or about him. The entity alleging ownership of all rights associated with the late actor, including a federal registration for JAMES DEAN, sues Twitter.
Background here.
Discussion of the right of publicity in Indiana…
In Which I Drop The Mic at Reinvent Law
Funny story, Friday. I’m supposed to give a presentation on the intellectual property law implications of 3D printing at the Reinvent Law conference in NYC. Reinvent Law conferences discuss ‘reinventing’ the market for legal services. Typical topics would include ‘how to run your firm like a start-up’, as well as ideas for improved firm structure,…
Large blocks of plum confusingly similar to large blocks of magenta
Defendant Should Have Foreseen This Outcome
Psychic brother sues psychic sister over use of the family name. Uneventful denial of motion to dismiss trademark infringement and related claims. Tag this case if you save ‘sacred right to use one’s own name’ cases.
Interesting video re plaintiff here.
Van Praagh v GrattonVan Praagh v Gratton
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Swatch v Bloomberg: It’s What You Say AND The Way You Say It
Swatch organized a conference call for several hundred stock analysts. Bloomberg recorded the call without authorization and made it available to its subscribers. Swatch sued on copyright. At the District Court level, Bloomberg prevailed on (the Court’s sua sponte request for) summary judgment on fair use. Heavy emphasis on: (1) news reporting purpose; (2) thin…
JOHN’S PIZZA v JOHN’S PIZZA
Prof Goldman forwarded me this NY state case regarding John’s Pizza (of Bleecker Street) enjoining the owner’s daughter from using JOHN’S PIZZA. He noted that he had never heard of JOHN’S PIZZA and couldn’t believe that the name could be a particularly strong trademark.
I’ve been familiar with JOHN’S PIZZA since forever and took the…
The PASTABILITIES Are Apparently Not Endless
PASTABILITIES restaurant allegedly exceeds coexistence agreement with owner of prior rights in PASTABILTIIES for pasta.
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When You See Orange-Handled Scissors, You Think . . .
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