Rolex files complaint against TheReplicaWatchShop.com for sales of ‘replica’ watches and ‘replica’ watch boxes.
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Breaking: Chess Tournament Hot News Misappropriation Prelim Denied
Plaintiff organizes chess tournaments and webcasts them live. Defendant provides a live feed of the games displayed on a virtual chess board. Plaintiff alleged that Defendant’s actions constituted ‘hot news misappropriation’ under New York common law. See complaint below.
Preliminary injunction denied (decision immediately below). The information that defendant publishes, including the players’ moves, consists
Copyright Complaint re Rug Designs, SDNY
Example of copyright complaint in the Southern District of New York concerning rug designs.
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Fed Cir: Adizero v Add a Zero. 2 Sales In-state To Out of State Resident Constitutes Use in Commerce
Illinois Church sold, Illinois, two hats bearing mark to Wisconsin resident.
Held: The two sales satisfies use in commerce. There is no de minimus standard, and of no moment that the out-of-state resident was in state when the purchase took place.
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2d Cir: Is COLLECTIVE Descriptive for Data Analytic Software?
Cross Commerce Media v. Collective Inc., 15-782 (2d Cir Nov 7, 2016)
Is the mark COLLECTIVE descriptive of ‘data-driven analytics software that helps business select effective marketing opportunities on multiple electronic platforms’
Discussion begins on page 11.
Meat of discussion on page 14.
How PTO practice affects the analysis on page 17.
How third party
Heartland (Splenda) v Dunkin Donuts
Dunkin Donuts no longer carries SPLENDA-brand Sucralose, but carries a “Chinese” sucralose, also in yellow packets (imprinted with the DUNKIN DONUTS logo). Allegedly, customers were told that the sweetener in yellow packets was Splenda. When a customer asks for SPLENDA in their coffee, is that a ‘sale’ or is this alleged ‘post-sale confusion’?
According to
Hyundai Files Grey Goods Suit in D Nevada
Hyundai sues non-US companies importing Hyundai-brand parts, alleging that the parts are materially different from parts intended for the US market due to physical differences and warranty differences. Physical differences are discussed in paragraphs 25 and 36 to 42. Warranty differences are discussed in paras 32, 33,44 and 45.
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Text of 8th Cir decision in Warner Bros v X One X (A.V.E.L.A.) re Use of Movie Stills
AVELA, which specializes in merchandising public domain imagery, obtained publicity stills and the like, from classic movies such as ‘Gone With The Wind’ and ‘The Wizard of Oz.’ These materials were published without copyright notice, which, under the old Copyright Act of 1909, would strip those materials of protection (while the underlying works such as
Text of Oral Argument in Star Athletica v. Varsity Brand
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You Wouldn’t Understand, It’s a [your name here] Thing
Here’s an interesting fact pattern. SunFrog.com is a custom t-shirt shop. You enter terms and the term is displayed on common designs. These designs are apparently created by the SubnFrog community of artists. I played with a bunch of search terms and it appears that a determination is made as to what category a particular