Sancton v OpenAI:
Photoplaza v Herbal Brands: cert petition from Ninth Cir. re personal jurisdiction over Amazon resellers in TM case
Question presented:
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
Latham brings in rem action in EDVA against 38 “LW”-variant domain names used to scam clients
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
Resources from Conners Inn CLE on “Sorting the Real From The Fake” – IP Issues and AI
Our Powerpoint “Sorting the Real From the Fake” – Mel Gardner and Marty Schwimmer
Slides from our presentation “Sorting the Real from the Fake” – Conners Inn CLE
Google Research Explains Test-to-Image Technology
Matt Sag article on Copyright Safety for Generative AI
Recent cases:
·Silverman et al v. OpenAI, Inc.
Pom Wonderful Trade Dress Suit Dismissed at 12b6 – SDNY
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
SDNY: Justiciable Controversy over Brazilian Bum Bum Cream
Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, No. 1:2022cv07719 – Document 65 (S.D.N.Y. 2023):
Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies
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
SDNY: Pepsi prevails in RISE v MTN DEW RISE
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)
All Things Abitron v Hetronic
RED GOLD: SDNY: Solid 21 v Richemont – Summary Judgment
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.