Sancton v OpenAI:
Whether a seller whose products ship nationwide is
subject to personal jurisdiction in every forum into which
even one of its products is shipped.
Factual background from petition:
Respondent is a Delaware corporation with its principal
place of business in Arizona and is in the business of
selling health and wellness …
From the complaint:
An unknown scammer has maliciously used the Abusive Domain Names in violation of Latham’s trademark rights to unlawfully, and in bad faith, derive a profit by defrauding members of the public. In the…
Our Powerpoint “Sorting the Real From the Fake” – Mel Gardner and Marty Schwimmer
·Silverman et al v. OpenAI, Inc.
Judges tend not to go thru a full likelihood-of-confusion analysis at 12b6 but here you are.
The Court found that the WONDERFUL packaging and Defendant’s packaging do not possess “striking similarity” (sic). The Court notes that while their were similarities . . .
The handling of the third factor, channels of trade was a bit…
Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, No. 1:2022cv07719 – Document 65 (S.D.N.Y. 2023):
The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. Its reports contain the “big if true” allegations that a small number of social media accounts, such as Twitter, are responsible for a disproportionate percentage of objectionable conduct. For…
After remand from the 2d Circuit, SDNY grants Pepsi’s motion for summary judgment on all counts, dismissing Plaintiff’s causes regarding Pepsi’s use of MTN DEW RISE for a caffeinated energy drink, based on plaintiff’s use of RISE for cold brew coffee.
Text of RiseandShine v Pepsi, 1:21-cv-06324-LGS-SLC (SDNY August 2, 2023)
Has Solid 21 achieved secondary meaning in term RED GOLD, a form of gold with high copper content, used for luxury watches. Whether Richemont used the term descriptively will be question for jury, summary judgment denied.