Plaintiff claims copyright in ART WE ALL and design., which design he claimed he merchandised. Sues Defendant for selling ARTWEALL merchandise on copyright and trademark. Magistrate Judge finds that (1) plaintiff’s affixation of the design in grafitti insufficient to show that defendant had access to the work; and (2) plaintiff failed to show that he
Personal Service of Canadian Defendant in U.S. Grey Goods Action
U.S. plaintiff personally serves CEO of defendant in Ontario. Personal service satisfies Hague Convention.
tile v computron service in canada grey goods
Example of Court Order Granting Subpoena to Copyright Holder Seeking Identities of Alleged Unauthorized Downloaders of Adult Films – Strike 3 v John Doe – EDNY
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.”
Blockchange v Blockchange (SDNY): Does SaaS create minimum contacts for personal jurisdiction? We don’t know yet.
Blockchange Ventures I GP, LLC. v. Blockchange, Inc, 1:21-cv-00891-PAE (SDNY July 22, 2021.
Jurisdictional discovery will be required.
From the decision (Edelman, J): “Plaintiff, based in New York, is “engaged in the provision of venture capital, development capital, private equity, investment funding and wealth management exclusively in the field of digital assets.” . Plaintiff characterizes
Text of Complaint in Trump v. Twitter for de-platforming. And he wants Section 230 out of the way.
Trump sues Twitter in Southern Florida, as a part of a class that has been de-platformed. Count one is that the First Amendment has been violated, Count two seeks a declaration that Section 230 is unconstitutional, and an unspecified amount of monetary damages are sought. He sued Google and Facebook in separate actions.
Twitter’s Terms
Disparate fame: CD Cal on pleading dilution of composite trademarks (KOOL v BLOOM)
ITG v Capna CD Cal re KOOL v BLOOM dilution, 2:21-cv-00818-ODW(PVCx)(CD Cal June 3, 2021)
Plaintiff ITG Brands owns registrations for the KOOL logo stylized, but also for the interlocking “O”s as separate registrations. Defendant moves to dismiss dilution claim, arguing that whether or not the KOOL logo is famous, the point of
You can’t really use the DJ Act to obtain a trademark license: Sukumar v IOC (Olympic Rings)
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
@trademarkblog Tweets and ReTweets June 7 ’01 to
The German Federal Supreme Court has held that domain registrars must disconnect domains used by structurally #copyright #infringing websites. Read the analysis by experts at ILN member NORDEMANN: https://t.co/0oALu9yZxj #ILNInsights #Piracy #BrandProtection
— Incopro (@Incopro) June 8, 2021
mcgurr’s “novel theory of fluid trademarks…would give new meaning to federal trademark law with far-reaching consequences,” said
Is the photo on the right fair use of the photo on the left? I don’t mean here.
Jawad Elatab v Hesperios, 19 cv 9678 (ALC) (SDNY June 2, 2021)
I mean in the case. Of course it’s fair use here.
Defendant clothing company published plaintiff’s photo (left, above) of Bella Hadid, on its Instagram account with the caption: “@Bellahadid in our Lou tank and Lou Bel skirt knit set in fawn
eCommerce business news: June 1 –
Etsy/DePop
Etsy to buy fashion reseller Depop for $1.63 bln in push for younger consumers https://t.co/s1U8wv5x8T pic.twitter.com/MsH6C0588I
— Reuters (@Reuters) June 2, 2021
Coupang:
After a successful IPO in New York, Coupang’s Bom Kim saw his net worth jump by more than sixfold to $6.4 billion, making him the biggest gainer on this year’s list