Memo to strike jury demand in Kirby family lawsuit with Marvel over termination of grants of copyright rights. “Claims for a declaration as to future ownership rights such as the parties seek here are quintessentially equitable in nature and not triable to a jury.”
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The New Dilution Similarity Standard Is Very Different – Levi Strauss v Abercrombie
Are these pocket stitching designs ‘identical or near identical – essentially the same and not just similar’?
Or do they merely possess a degree of similarity such that the top design impairs the distinctiveness of the lower design?
If you asked the first question, and answered no, then you were the District Court, and you …
But They’re Luxury Rubber Bands
Odd. Defendant allegedly sells Chanel fragrances without the outer packaging, without cellophane wrapping, with the laser-etched batch code scratched off, in an unmarked cardboard lining held together by rubber bands or clear adhesive tape. That doesn’t seem like the best way to sell Chanel.
This Is How We Do Summary Judgement For Music Copyright
The Game, featuring Fifty Cent, released “How We Do” in 2005. Plaintiffs registered copyright for their song ‘Elevator” in 2002. Both songs are described as contemporary hip hop songs. Both songs’ choruses contain the phrase “this is how we do” four times, interspersed with other lines, set to a similar rhythm.
A copyright plaintiff must…
Nike v Already LLC – Unilateral Covenant Not to Sue As A Way Out
A defendant’s counterclaims can act as a bear trap for plaintiff, keeping it in a case that it wishes to unilaterally drop.
Plaintiff sues defendant alleging trademark infringement of a registration described as a ‘design’ or ‘configuration’ mark. Defendant files answers and counterclaims seeking declaratory judgement cancelling registration. During discovery, plaintiff delivers uni-lateral covenant not…
Defamation As A Counterclaim
Yahoo! alleges that defendant committed trademark infringement by sending fake ltotery spam. Defendant brings counterclaim alleging that (1) he didn’t commit infringement; (2) therefore he is being defamed. Yahoo! moves to dismiss counterclaim. Court notes in decisding Yahoo’s motion to dismiss it must treat non-moving party’s factual allegations as true, not its legal conclusions. Even…
Use-based Applications for SARAH PALIN and BRISTOL PALIN
Sarah Palin had applications filed for SARAH PALIN and BRISTOL PALIN. The office actions are below. You can look at the specimen of use for BRISTOL PALIN here: bristol palin specimen (it consists of the words BRISTOL PALIN on a piece of paper. Some people think this person should be the one to select Supreme…
Sheer
Ceci N’est Pas un Birkin Bag
ha!. I would have to believe that this fact pattern has to have happened before in the history of the world, but I don’t know about it. Thursday Friday puts a picture of an Hermes Birkin bag on a $35 tote, as ‘an anti-status symbol.’ “My other car is a . . . ” Times…
UGGLEBO Clogs v UGGS
UGGLEBO Clogs sues owner of UGG trademark in U.S> in District Court in Minnesota. Allegations include history of the Ugg boot: “Legend is that Australian pilots wrapped their feet and legs with sheepskin to keep warm in unheated airplanes. The wraps were so ugly they were referred to as ‘uggs.'” (para 11).




