Ok. Plaintiff took a photo, on the street, of Tom Brady and Celtic GM Danny Ainge. Plaintiff uploads it to Snapchat and it goes viral. People tweet the photo and various defendant news organizations embed the tweets in an article about Brady and the Celtics. Defendants, citing the server test as articulated in Perfect 10
This Is An Example Of A Tweet Embedded On A Webpage
OK, here it is. In a case that 9 news publishers and others warned would cause a tremendous chilling effect on the core functionality of the web, a judge today rules photo copyrights can be infringed by embedding tweets. THIS IS BIG: https://t.co/XgMdMFskqj
— Eriq Gardner (@eriqgardner) February 15, 2018
Mini Dawn Donut Doctrine?
DONUT and DOUGHNUT are not homonyms, homophones, homographs or heteronyms. They are alternate spellings.
Plaintiff has been using MINI DONUT FACTORY for a chain of stores in Illinois since 2008. It now has a federal registration. Defendant opened a donut store in Tampa under the name MINI DOUGHNUT FACTORY. Defendant, apparently a domainer turned donut
Champion Goes After Gangstas
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Ninth Circuit: Eat Right Foods v Whole Foods: To What Extent Can Acquiescence Defense Be Evaluated At Summary Judgment
The Ninth Circuit vacated the district court’s grant of summary judgment for Whole Foods in a trademark infringement action. The panel held that the district court impermissibly resolved disputed questions of material fact in favor of the moving party regarding Whole Foods’ affirmative defenses of laches and acquiescence. Therefore, the panel vacated
The Oldest Registered Trademarks In The World
Polish attorney Mikolaj Lech, inspired by our article from 2002 on the subject, has sent us his video and links to his blog post on the oldest trademarks in the world.
He concludes that PILSNER BIER is the oldest registration in the world, dating from 1859!:
Thank you Mikolaj!
SDNY Asked To Explore Functionality of Sex Toys In Trade Dress Case
Plaintiff has sold the b-Vibe Rimming Plug device since the summer of 2017. It alleges that its plug, the remote control, the charger and the case are all “uniquely designed” and it claims trade dress therein (See exhibit A below). Defendant has offered for sale the XR Rimmer since January 8. Plaintiff alleges that defendant’s
MJX Asset Manangement v MJX for Exchange Traded Cannabis Stock Fund
Plaintiff MJX Asset Management manages ‘structured investment funds.’ Defendant ETFMG created an exchanged traded fund (ETF) specializing in stocks in the cannabis business, sold under the ticker symbol MJX and promoted at www.mjxetf.com.
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Graspability of Knobs Considered In Sixth Circuit Trade Dress (Leapers v Sun Optics)
Leapers manufactures adjustable rifle scopes. A terminated manufacturing partner continued to make scopes similar in appearance to those of Leapers. Leapers sued, alleging infringement of its trade dress in the knurling (or texturing) of the knobs in its scopes. The exhibit to its complaint showing many side-by-sides is reproduced below. This is one of its
Delta Sues CheapFlightsFares.com for ‘Impersonation’
Delta sues discount flight aggregator CheapFlightsFares.com, alleging that defendant impersonates Delta (see para 44 of complaint).
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