Unusual UDRP outcome – split decision where the majority rejects the complaint and dissent would grant.
UAE Joins Madrid
this is good news, actually.
UAE: Accession to the Madrid Protocol https://t.co/hqU5aW9fIG
— The Trademark Blog (@TrademarkBlog) October 5, 2021
Covenants Running With The Billboard – Macy’s v Amazon (sort of)
This billboard in Herald Square is arguably one of the most famous signs in the world, at least during the parade on Thanksgiving. In 1963, Macy’s entered into an agreement with the owner of the billboard that the sign could not be used to “. . . advertise or refer directly or indirectly to
SDNY: RDPA v Geopath – motion for fees in patent case denied
Prevailing defendant’s motion for fees denied by Judge Liman. The Octane standard for “exceptionality” includes frivolousness, motivation, objective uneasonableness (both in the factual and legal components of the case, and the need in particular circumstances to advance considerations of compensation and deterrence.
Plaintiff’s patents, although found to be unenforceable at the motion to dismiss stage,
Gayle v Villamarin (ART WE ALL) – Use of work in grafitti insufficient to establish defendant’s access to work
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