Justia summary: EA, creator of The Sims, contracted with a production company called Lithomania to produce a USB flash drive shaped like a “PlumbBob,” a gem-shaped icon from the computer game, to promote a “Collector’s Edition” of The Sims. Lithomania in turn contracted with DT to produce a prototype of the PlumbBob-shaped flash
2016
Is the ROYAL CROWN Injunction In The Bag?
If the simultaneous use of different trademarks combine to form an infringing whole, to what extent does an injunction of that combination apply to the individual components (or to, what defendant argues are analogous components)?
Diageo sells CROWN ROYAL whisky in a purple cloth bag. Mexcor began selling TEXAS CROWN CLUB whisky, first without a…
Managing the Trademark Asset Lifecycle – NYC – Oct 20, 2016
“Ok, but does it makes economic sense?”
Happy are those lawyers who don’t need to concern themselves with the economic ramifications of their advice. For everyone else, World Trademark Review is presenting a conference on “Managing the Trademark Asset Lifecycle” in New York, on Thursday October 20, 2016.
The program covers:
– Brand and trademark…
Complaint re LOWER EAST SIDE and LES Clothing
Trademark complaint re LES and LOWER EAST SIDE t-shirts.
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Hungry Man v Kraft Heinz: SATISFY YOUR CRAVING Complaint re Frozen Foods
Plaintiff owns regs for SATISFY YOUR CRAVING which it places on its frozen meals. Defendant allegedly placed SATISFY YOUR CRAVING on ‘shelf talkers’ – point-of-purchase displays. Plaintiff sued last week, withdrew its complaint yesterday.
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Who is the real McAfee?
John McAfee, founder of McAfee anti-virus fame, contributed or sold various assets to McAfee Associates. He alleges that he did not contribute or sell ‘his personal name’ to the company. The company certainly owned registrations that included the MCAFEE element. McAfee Associates was ultimately sold to Intel. Intel allegedly abandoned the MCAFEE trademark in…
Is JOAN ACTUALLY Actually A Trademark For A Persona?
Former spokesperson for Zoosk sues over trademark JOAN actually for her ‘persona.’
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The Answer We Filed On Behalf of Sun Cedar in Car-Freshner v Sun Cedar
Car-Fresher sells Little Trees car fresheners. Sun Cedar is a Kansas not-for-profit founded to provide jobs for the at-risk population. It sells, among other things, cedar tree-shaped cedar wood ornaments.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2016/08/CFC-v-Sun-Answer-and-Counterclaim-1.pdf”]
FEC PAC-naming Restriction Ruled Unconstitutional
The Federal Election Committee prohibits political committees that are not authorized by a candidate, to use that candidate’s name in the titles of their websites and social media pages. a PAC named Pursuing America’s Greatness, challenged the prohibition arguing that the name prohibition was unconstitutional, as it was a content-based restriction.
Held: As a content-based…
Gucci’s RICO Claim Against Alibaba Defendants Dismissed – SDNY
Alibaba successfully dismisses Gucci’s claim that Alibaba participated in a conspiracy with counterfeiters to sell counterfeit goods on Alibaba. That the merchants may have resulted in an ‘online retail cluster’ that benefited each other from some sort of network effect, did not rise to a ‘hub and spokes’ RICO conspiracy.
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