Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, No. 1:2022cv07719 – Document 65 (S.D.N.Y. 2023):
Sukumar v IOC, 21cv215-GPC (AGS) (SD Cal June 1 2021)
Plaintiff ordered three commemorative replica stopwatches from Omega for $350K. The watches and customized pouches were to be engraved with the Olympic Rings logo (the original stopwatch had been used in the 1932 Olympics). Plaintiff was dissatisfied with the final product. Omega “rejected…
Licensing agent for Weezer files Jane Doe order against John Does 1-100, Jane Does 1-100 and XYZ Company in advance of Weezer appearing at the Cynthia Woods Mitchell Pavilion in Woodlands, Texas (near Houston).
Barbour, a UK apparel company, sells shirts with a ‘flag’ on the breast pocket:
Levis sells apparel which has ‘tabs’ on the pockets. It owns various registrations for the tab.
Levis aggressively polices its tab trademarks. It sent a demand letter to Barbour, alleging infringement and dilution. Barbour brought a DJ action. Barbour notes third-party…
DJ Action re use of FAZE CLAN by FAZE CLAN video game organization against apparel manufacturer. It seems that there are leagues for video games, and ‘clans’ compete, and there are standings, and everything.
Defendant sues plaintiff in Virginia state court for defamation and ‘common law’ trademark infringement. It is contested whether a Lanham Act claim was made. Plaintiff brings DJ action in fed. court, fed, court remands back to state court. 4th Circuit concedes that there is jurisdiction in fed court but jurisdiction here under the DJ Act…
SDNY: Motion to transfer granted following ‘first to file’ rule. Discussion as to what extent a Declaratory Judgement filed in response to a demand letter will not be recognized as a first filing.
Decision Motion to Transfer First to File