Trade Dress: Functionality: Third Circuit: Glico v Lotte, INTA Amicus brief in support of reconsideration en banc
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2020/12/glico-v-lotte-pocky-stick-third-circuit-petition-for-rehearing-1.pdf” download=”all”]
Second Circuit – Freshner v Energizer – BLACK ICE v MIDNIGHT BLACK / ICE STORM
Plaintiff sold BLACK ICE car fresheners. Defendant sold a ‘dual scent’ car freshener – the package had a dial that allowed the user to choose between two scents – MIDNIGHT BLACK or ICE STORM. The two names appeared as MIDGNIGHT BLACK ICE STORM (See above). Defendant was very aware of plaintiff and its BLACK ICE
D Connecticut – Confidence Empire v Facebook
Facebook refuses to take down allegedly infringing “Confidence Empire” site
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2020/10/connecticut-confidence-v-facebook-2.pdf” download=”all”]Trade Dress: 11th Circuit: J-B Weld V Gorilla Glue
I think maybe there’s something really wrong with trademark law that this suit can be brought and can withstand a motion for summary judgment.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2020/10/j-b-weld-gorilla-trade-dress-circuit-decision-1.pdf” download=”all”]3d Cir: Trade Dress: Pocky v Pepero and uncoated chocolate sticks
Ezxaki Glico v Lotte, 19-2010, Third Circuit, Oct 8, 2020
Plaintiff leaves parts of its thin cookie sticks uncoated by chocolate, so that you can hold it without getting chocolate on your fingers. The sticks are thin, so that you can have a bunch in the pack to share. Trade dress held to be functional.
Strike 3 Holdings Copyright Links
Strike 3 Holdings owns copyrights in various adult films. It files a lot of lawsuits against alleged downloaders of pirated copies of its movies. There is apparently an industry of law firms that will defend people sued by Strike 3.
Adult Film Company Shifts Copyright Litigation Push to Florida
.Trademark – Parody
Also see Artistic Relevance
Second Circuit
Harley-Davidson, Inc. v. Grottanelli, 164 F.3d 806 (2d Cir. 1999)
Unauthorized Harley dealer using HOG logo
10th Circuit
Utah Lighthouse Ministry v FAIR
Trademark Trial and Appeal Board
Cards Against Humanity LLC v. Vampire Squid Cards, LLC, Opp’n 91225576, 2019 WL 1491525 (TTAB Feb 289, 2019) (CRABS ADJUST
10th Circuit: Utah Lighthouse Ministry v. FAIR, 527 F.3d 1045 (10th Cir 2008) (LIGHTHOUSE)
Parody
Use in Commerce
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2020/09/utah-lighthouse-ministry-10th-circuit-1.pdf” download=”all”]Two Circuit Court Personal Jurisdiction Copyright Cases Involving Non-U.S. Defendants
UMG Recordings v Kurbanov, Fourth Circuit, June 26 2020
“Plaintiffs, twelve record companies, filed suit against defendant alleging claims for five separate violations of the Copyright Act. Plaintiffs are Delaware corporations, with eight having their principal place of business in New York, three in California, and one in Florida. Defendant