SDNY DJ Action: Musical based on P.D. novel “Anne of Green Gables”
Our firm, Leason Ellis, has filed a declaratory judgment action on behalf of plaintiff, Anne With An E, a theatrical producer that is developing a musical based on the 1908 novel ANNE OF GREEN GABLES. Plaintiff seeks a declaration that its musical will not infringe the asserted tradeamrk rights of Defendant, an entity owned in…
Article on Schedule A Lawsuits by Prof. Goldman
The First Trademarks by Chat GPT
I asked: “What were the first trademarks?“
The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, the modern concept of trademarks as legally protected intellectual property emerged in the late…
SDNY: Ratermann v Pierre Fabre: Rule 8 “Alter ego”
SDNY: Vivi Holding v Wong: Personal Jurisdiction
SDNY: Hard drive and server fried in some unknown fashion results in dismissal of claims for trademark infringement damages
SDNY: The Fashion Exchange v Hybrid Promotions 14-1354 (Judge Stein).
Plaintiff’s hard drive and server were “fried in some unknown fashion” so it couldn’t establish its damages (page 4). There doesn’t seem to be a lot of other evidence on other aspects of the lawsuit, either. Defendant’s summary motion as to damages granted.
SG advises SCOTUS to grant cert in Abitron v Hetronic (extra territorial application of Lanham Act)
The Solicitor General has advised SCOTUS to grant cert in Abitron Austria v Hetronic (brief below). It thinks the 10th Circuit got it wrong under Steele v Bulova. It thinks this is a good vehicle for determining the geographic scope of the Lanham Act.
Petitioner Abitron’s introduction in its petition (HT ScotusBlog):
Ninth Circuit reverses trade dress summary judgment in favor of one Connect 4 knock-off over another
P AND P IMPORTS LLC V. JOHNSON ENTERPRISES, LLC, No. 21-55013 (9th Cir. Aug 24 2022). Link to text of decision below.
Court refers to both litigants’ backyard “4 in a row” games as “CONNECT 4 knock-offs.” Ninth Circuit reverses defendant’s summary judgment. Too much evidence suggesting defendant’s intentional copying. Also: District Court had…
How is a box of chocolates not like a box of rice pilaf?
Jacobs v. Whole Foods Market Group, Inc., No. 1:2022cv00002 – Document 27 (N.D. Ill. 2022)
Plaintiff sues, based on the disparity between the box size of rice pilaf and the amount of product. The empty space is known as “slack fill.”
Defendant notes that the box clearly identifies the weight and number of servings.