
PEI Licensing, a subsidiary of Perry Ellis, owner of the Munsingwear PENGUIN trademark, has sued J Crew in the Southern District of New York, alleging that various items of clothing bearing penguins, including the PENGUIN CRITTER CARDIGAN depicted above, infringe and/or dilute its famous PENGUIN trademark. Complaint on Pacer.
PEI Licensing v. J Crew
Likelihood of Confusion
The Penumbra Of Marilyn Monroe and Betty Crocker and Aunt Jemima

Plaintiff winery licensed the MARILYN MONROE name and likeness from the Monroe licensing entity, and sold wine under the MARILYN MONROE brand for many years, displaying a succession of images of Marilyn on its labels, over the years. At one point it also licensed the copyright in a famous nude photograph of Marilyn on Red…
Wrestler v. Jay-Z Over ‘Diamond Cutter’ Hand Gesture
Wrestler Diamond Dallas Page is suing rapper Jay-Z and Rocwear and Roc-a-fella Records over use of a ‘diamond cutter’ hand gesture. Diamond Dallas Page v. Shawn Carter p/k/a/ Jay-Z, 2:05-cv-08475-DSF-JWJ (C.D. Cal 2006). Coverage here. Given that the complaint is not available on Pacer, we can’t evaluate some fairly novel elements here, such as the…
REAL CARS v CARS

Fort Wayne.com:
“In a federal lawsuit filed last month in Oklahoma City, Collectible Promotional Products Inc. of Woodward, Okla., claims Disney and toy company Mattel Inc. incorrectly used a similar trademark to its “Real Cars” line of collectible toy cars.
CPP said it has been using a chevron design with the words “Real Cars” above…
Disclaimed Too Late: Sixth Circuit Initial Interest Confusion Decision
Audi AG v. D’Amato dba Quattro Enthusiasts (05-2359) (6th Cir Nov 27, 2006) (AUDISPORT.COM infringes and dilutes AUDI).
Evidence Of Secondary Meaning In TV Catchphrases?



I confess that I have used the expression “Whachoo talkin’ about Willis?” without ever having seen a single episode of “Diff’rent Strokes” (nor have I ever spelled ‘different’ as ‘diff’rent’) but I am aware where the phrase comes from.
Noted authority TV Land, is coming out with a special “The 100 Top TV Catchphrases…
Some People Claim That There’s A Woman To Blame
Reuters: “Singer Buffett sues alleged trademark infringer.”
SPRINGFIELD WILDCATS v. SHELBYVILLE WILDCATS

OK, Springfield Wildcats vs. Shelbyville Wildcats is a gag from The Simpsons, but, as is always the case with The Simpsons, there is a profound truth hinted at here, involving the coexistence of scholastic team names.
The Des Moines Register tells us of a dispute between the University of Wisconsin and the Waukee High School…
You Can’t Make Up This Kind Of Irony
Congratulations to the Foley Hoag firm, which won the exclusive right to be called FOLEY,
today.
Apple To Protest Use of PODCAST?
According to Wired and others, Apple has protested the use of PODCAST READY and MYPODDER. This is the first report, to my knowledge, of Apple protesting the use of a PODCAST mark (it does protest POD-variant marks. I would want to see the demand letter before I commented further.
Apple’s trademark guidelines are here…