16
Nov/09

US Polo Association v Ralph Lauren re POLO and Horses


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The US Polo Association and Ralph Lauren have been fighting since 1984 over logos using the word POLO and depicting horses. The background of the this dispute is set out below in the Polo Association’s complaint in a new declaratory judgement action.
Noting the success of the Polo Association’s licensing program, I will be reaching out to the governing body of water polo, in the hopes of securing a license. I would like to update the logo, perhaps to include ponies (yes, that’s a Billy Wilder reference).
Complaint DJ Polo v Polo



5
Oct/09

Apple v Woolworth re Apple Logos In Australia


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Sydney Morning Herald: Apple claims Woolies is getting fresh with new logo:

WOOLWORTHS insists its new logo is a stylised W, or a piece of fresh produce; Apple thinks it is an apple, and the California-based technology company wants to stop Australia’s largest retailer from using it.
Apple has mounted a legal challenge to prevent Woolworths from using the logo that now adorns its trucks, stores and products, arguing it is too close to its own.



5
Oct/09

SPONGETECH Worthy?


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SpongeTech Delivery Systems, a name familiar to those of you who follow the Mets from its sponge giveaway day, has sued another sponge company named SPONGETECH.
Sponge Tech Complaint



17
Sep/09

FIERCE v SASHA FIERCE – Abercrombie Sues Beyonce


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Beyonce Knowles released a CD entitled “I AM …SASHA FIERCE” and filed ITU applications for SASHA FIERCE for, among other things, fragrance. Abercrombie & Fitch owns a registration for FIERCE covering fragrance. Beyonce announced that Coty would bring out a SASHA FIERCE fragrance and Abercrombie sued.
This reminds me of the owner of GLOW suing Jennifer Lopez for GLOW BY JLo. Lopez defeated a preliminary injunction motion but reportedly settled.
Complaint Abercrombie Sasha Fierce



9
Sep/09

John Rigby & Co. (Gunmaker) v John Rigby & Co. (Gunmaker)


Complex background here.
Complaint John Rigby



7
Sep/09

MR WATER HEATER Is The Name, That Name Again Is MR WATER HEATER


Plaintiff had inconstestable mark for MR WATER HEATER for water heaters. Defendant used MR HOT WATER HEATER for hot water heater installation. Plaintiff’s pre-discovery motion for summary judgement denied, as the record was somewhat sparse.
Decision Water Heater



4
Sep/09

Luxo Sues Disney re Use of LUXO JR


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Complaint Luxo Jr



13
Aug/09

[YELLOW TAIL] Protests [DOWN UNDER]'s Use of Brackets


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[Yellow Tail] sues Down Under for use of brackets and trade dress.
Complaint Yellow Tail



12
Aug/09

LIFEGUARD v LIFEGUARD By Ralph Lauren


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Lifeguard Licensing sues Ralph Lauren for use of LIFEGUARD mark on apparel.
Bonus trivia: Name the band that sang:
Hardly any clothes (lifeguard)
Sand between my toes (lifeguard)
White stuff on my nose
And what was the only station to play that song? 92.7 WLIR. You’d put the Milky Way bars in the freezer the night before. You had to get to Jones Beach before 10 or you’d be stuck in traffic (this would be before you knew someone with a Fire Island share). You’d listen to WLIR play The Waitresses (or Soft Cell). Sunscreen came in SPFs 2 through 8. You left the beach by 2, or you’d be stuck in traffic. Then that night you’d go to The City, perhaps to hear The Waitresses at CBGB (or back to Jones Beach to hear a concert or one of those concerts on the pier in The City). And you could have three slices of pizza at 1 AM.
Complaint Lifeguard



4
Aug/09

HEISMAN v HE IS the MAN shirts


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The Heisman Trophy Trust prevails on summary judgement that defendant breached prior settlement agreement not to distribute confusingly similar HEISMAN TROPHY shirts. Decision discusses HE IS the MAN shirts but I can’t confirm that the design illustrated above was part of the suit.
Question for discussion: Where the name of an award is trademarked (HEISMAN, OSCAR, GOLDEN GLOBE) to what extent can third parties make fair use in advocating candidates?
decison heisman