CANDYLICIOUS for online candy sales v iCANDYLICIOUS for online candy sales.
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Another Tale of Mystery And Intrigue Involving Doughnuts
If someone doing business under the name “As American As Doughnuts” makes representations to you, be suspicious, as the origin of doughnuts is in dispute, with some crediting the Dutch.
As is the origin of SPUDNUTS, which are doughnuts made from potato flour.
In any event, defendant allegedly represents to plaintiff that it is…
Levis v Quiksilver Re Tabs On Pockets
Levis sues Quiksilver re fabric tabs on back pockets of jeans. There had been disputes between these parties before.
Forget It, Jake, It’s the Ninth Circuit
I’m stealing that joke from Prof Tushnet’s critique of the Network Automation keyword case. I agree with much of her analysis, however I disagree with her (and this panel’s) view of channels of trade as a LoC factor, but that’s an argument for another day. Also, check out Prof Goldman’s discussion.
The Other Godsons are Amare, Carmelo, Dwight and Kobe
Plaintiff, dba LEBRON JORDAN, sues Nike, Converse, LeBron and Jordan. His godsons, he says, are named LeBron and Jordan. Coverage here. Assume that pro se litigants are to be given wide deference – can you make out the claim?
KPMG v KBMG
Accounting firm KPMG sues accounting firm KBMG.
NY State Cybersquatting Action Relating to Personal Names
Plaintiff, Norman Seabrook, is the president of the NYC Correction Officers’ Benevolent Association (“COBA”). Defendant is running for the presidency of COBA and registered NORMANSEABROOK.COM, which resolves to a website supporting his candidacy. Plaintiff alleges dilution, federal cybersquatting, NY right to privacy, NY deceptive practices and NY unlawful registration of a domain name (Business Law…
Text of Ninth Circuit Decision: Network Automation v Advanced System (Keywords)
Advanced Systems and Network Automation are head-to-head competitors for expensive ($1k to $10k) software packages. Advanced Systems owns the trademark ActiveBatch, which Network Automation purchased as a keyword on Google and Bing.
Its keyword ads: ” . . . begin with phrases such as “Job Scheduler,” “Intuitive JobScheduler,” or “Batch Job Scheduling,” and end with…
GO SMILE v GLO, For Teeth Whiteners
Motion for preliminary injunction. Plaintiff uses GO SMILE for teeth whitener systems, defendant uses GLO for the same. Products are or will be sold side-by-side in certain locations. Plaintiff provided no survey (Court didn’t use the words ‘negative inference’ but noted that plaintiff had had 16 days in which to do a survey). Defendant proffered…
HAPPY WIFE, HAPPY LIFE v HAPPY WIFE, HAPPY LIFE
Plaintiff (family-oriented) comedian owns incontestable registration for HAPPY WIFE, HAPPY LIFE for, inter alia, shirts (and he has apparently licensed it as the 11th Commandment with attribution). A “Real Housewife of New Jersey’ has been merchandising that phrase on shirts and mugs with the help of the Bravo Network.



