Jaco Pastorius was a bassist for, among others, Weather Report (‘Birdland’ was their biggest hit). He died way too soon at the age of 36. His rights holding company is one of the named plaintiffs in this copyright class action against Spotify. The Central District of California grants Spotiy’s motion to transfer venue to the
2016
‘Managing The Trademark Asset Lifecycle’ is this Thursday in New York
I will be attending World Trademark Review’s conference on “Managing the Trademark Asset Lifecycle” in New York, on Thursday October 20, 2016.
The program covers:
– Brand and trademark audits;
– Brand valuation;
– Collateralization of brands;
– Financial and tax considerations of trademarks;
– Monetization (i.e. licensing);
– ‘Exit strategies’ (i.e. what to do…
Dilution Claim Dismissed Against NBC/Biggest Loser re Use of LB Logo
Go to page 7 of the decision and you will see allegations of fame that are insufficient to state a claim of dilution at the Motion to Dismiss stage.
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The ‘BACK’ in the .FEEDBACK TLD Refers To The Trademark Owner
TLS is the registry behind the .FEEDBACK top level domain.
The CEO of TS has stated that .FEEDBACK is UDRP-proof, because, as I understand the claim, criticism is a good faith use under the second prong of the UDRP.
The CEO backed up that claim by promising that TLS will pay up to $5k…
Lawsuit re FOOTBALL FACTORY AT LEGENDS
We need Men In Blazers to sort this one out. Allegations that employee of NYC bar stole FOOTBALL FACTORY trademark.
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2d Cir: Brown v Winfrey re OWN YOUR POWER
Blogged previously here and here.
Plaintiff fails to establish protectability of OWN YOUR POWER, and likelihood of confusion arising from Oprah’s use on magazine cover and other usages.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2016/09/brown-v-winfrey-2d-cir-2016-1.pdf”]
SDNY: LVL XIII v LV re Metal toe plates
107 page decision by Engelmeyer, J.
Plaintiff targets its LVL XIII (Level 13) sneaker at the luxury ($500) market. The sneaker has a metal toe plate with LVL XIII engraved on it:
Plaintiff’s sneaker got some traction: a few celebrities were seen in a few pairs. 8 months after the introduction, LV comes out with…
Patchogue’s LIVE AFTER FIVE v Farmingdale’s LIVE AT FIVE
2nd Cir 43(a)(1)(B) decision: Weeks Pregnant vs How Far Along
Justia summary: Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Plaintiff, a leading competing marketer of over-the-counter pregnancy test kits, claimed that, in informing the user as to how long her pregnancy had been in effect,…
Does an On-Premises Sex Club Affect Interstate Commerce
Plaintiffs are 32 professional models. Defendant is a sex club in Miami. Plaintiffs alleges the sex club used their photographs to promote the club on websites and social media, without consent. The complaint contains Lanham False Advertising and various Florida state causes. Defendant moves to dismiss on various grounds but the court dismisses, sua sponte,…






