This could be an important story for brand professionals. County star Luke Combs won a $250K copyright judgment against an ailing fan. Now, the fan says she didn’t know about the suit (sic), and he says he didn’t know about the suit (sic)
If you’ve been following U.S. TM and copyright litigation trends, then you
Litigation
Example of Court Order Granting Subpoena to Copyright Holder Seeking Identities of Alleged Unauthorized Downloaders of Adult Films – Strike 3 v John Doe – EDNY
By Marty Schwimmer on
Strike 3 subpoenas ISPs to determine the identities of John Does that it alleges downloaded its copyrighted (adult) films. The decision describes the procedure to be filed in view of the “sensitive nature of the allegations.”
Lanham Act Claim Dismissed for Lack of Standing
By Marty Schwimmer on
Posted in Litigation
Seattle Trademark Lawyer: Eastern District (Washington) Dismisses Lanham Act Claim for Lack of Standing:
Plaintiff Melvin Ott sued Ingenix, Inc., in the Eastern District for listing him as a consultant in a proposal it made to the State of Montana. The State of Montana awarded Ingenix the bid — to develop fee schedules for the
…
Terminated Donut Franchise
By Marty Schwimmer on
Posted in Dawn Of The Donut, Litigation
Dunkin Donuts is a franchisor. If a franchisee allegedly breaches its agreement such that Dunkin terminates the license, and the licensee continues to use the trademarks, then in addition to any contractual claims, there may be trademark claims as well:
Dunkin Donuts v. Bakery Maestro, 1:08-cv-00659-RBK-JS (D NJ Feb 6 2008) (excerpted complaint).
Ouch
By Marty Schwimmer on
Posted in Litigation
Someone asked on the INTA discussion list: how much does a survey for use in litigation cost and someone replied:
“Just did a likelihood of confusion survey conducted over telephone with
137 professional respondents and the cost was $48,000. Does not include
any depositions or trial testimony.”
The deposition or trial testimony referred to…
Award of Both Patent And TM Damages Impermissible Double Recovery
By Marty Schwimmer on
Posted in Litigation
Patently-O: “Jury Award of Both Patent and Trademark Damages Was Impermissible Dobule Recovery” ($6.8 million award against Wal-Mart knocked down to $5.9m).
“Injunction Junction: Law Note On Equitable Relief In Trademark Law”
By Marty Schwimmer on
Posted in Litigation
Duke Law & Technology Review iBrief: “Injunction Junction: Remembering The Proper Function and Form Of Equitable Relief In Trademark Law.”
Abstract: Injunctions are supposed to be among the most extraordinary remedies in the American judicial system, yet they have become anything but rare in trademark litigation. Although the unique nature of trademark protection may explain…