A little unusual. Mountain Mike’s Pizza is a pizza chain franchisor with over 150 locations, most of them in California. Note defendant’s menu (above left) from Buena Park, California, and plaintiff’s (above right). The signage is allegedly identical. You usually see allegations like this in a terminated franchisee or distributor fact pattern. There are no
If you were thinking of suing the next unsolicited telephone caller, embedded below is a complaint under the Telephone Consumer Protection Act.
Information here about the Do Not Call Registry.
Information here about the Telephone Consumer Protection Act.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2017/03/telephone-conswumer-protection-act-complaint-1.pdf”]
Domain name registrant, Kion Printing of California, appears to have begun using the domain name KION.COM, around 2000 (the name was registered originally in 1996). Kion seems to have used the name in connection with its printing business up to about 2010. Presently, the
Krispy Kreme’s Chocolate Iced Raspberry Filled doughnut (pictured above) does not contain actual raspberries. Maple Ice Glazed and Maple Bar doughnuts do not contain maple syrup or maple sugar. Glazed blueberry cake doughnut does not contain blueberries but contains ‘imitation blueberries’ that ‘highly resemble actual blueberries due to their round shape and blue color.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2017/02/complaint-re-HSS-1.pdf”]
Silverhorse Racing makes aftermarket parts for the Ford Mustang GT, including a bezel shifter, which is a bezel that goes around the shifter. It is not licensed by Ford. Ford sent a demand letter to Silverhorse’s dealer. In the resulting trademark suit, Silverhorse brings a counterclaim alleging tortious interference resulting from the demand letter.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2017/02/adida-v-pua-vigor-prelim-memo-1.pdf”]
Here is the topic outline for my “trademarks in review” talk tomorrow night for the IP Committee of the Federal Bar Council. Watch this space for links to reference materials.
I. Failure to function as a mark (I BELIEVE THAT WE WILL WIN)
II. Use in Interstate Commerce (ADD A ZERO)
III. Irreparable Harm/Delay
Judge Richard J. Daronco was our trial advocacy professor in law school (he had been elevated to the District Court the year before and was continuing to teach as an adjunct). We were lucky. Once, one of us was flailing about trying to argue something, and he couldn’t control himself. He jumped from behind the
Various producers of GRUYERE cheese are opposing an application for GRUYERE as a certification mark by Switzerland’s Interprofession du Gruyère and France’s Syndicat Interprofessionnel du Gruyère.
The term “certification mark” means any word, name, symbol, or device, or any combination thereof–
(1) used by a person other than its owner, or
(2) which its owner