Morel is a professional photographer. He was in Haiti the day of the earthquake and uploaded his pictures to TwitPic.com, linking to those pictures using his Twitter account. The AFP news agency allegedly distributed without authorization and mis-attributed his pictures in various ways. AFP argues that the Twitter terms of service granted them a royalty-free
PING PONG Is A Registered Trademark For Table Tennis
Go look at registration 520270 if you don’t believe me. I represented a UK company named Jaques that claims that it coined the term and sold it to Parker Brothers around 1900, but that’s another story.
Now, to anticipate a question I get asked when I blog about this sort of suit: “Because the plaintiff
And Another Levis Arcuate Complaint
Levi’s sues Dolce and Gabbana re back pocket stitching. Prior ‘arcuate’ complaint here.
Checking In With LV v Hyundai (Luxury Basketballs)
Hyundai ran a commercial during last year’s Super Bowl which depicted (for a few seconds) an ‘LV’ basketball as one of a series of exaggerated images of luxury. LV sued (complaint here, but sadly, commercial removed from YouTube). I checked the docket today (slow weekend) and it looks like the lawsuit proceeds – the
ASTRONUT 3D IPHONE APP v ASTRONUT IPHONE APP
Seen In A Different Drug Store
Ownership of US Trademark Between Foreign Suppliers and US Distributors
Easter District NY: Foreign distributor tussles over ownership of trademark in the US with its (alleged) former distributor, in this case MONTANA vegetables from Egypt (hmmm).
Decision discusses caselaw re presumption that foreign manufacturer owns trademark vis-a-vis an exclusive US distributor and what might vary that presumption. HOWEVER, don’t let this happen to you. The
Reasonable Attorney Rates and Hours In New York
Plaintiff prevailed by default in a trademark infringement case in the Southern District. It sought attorneys’ fees . The Court considered the reasonableness of the hourly rate for the timekeepers involved and the number of hours they expended.
$657/hour was ‘well withn the range of rates for law firm partners with significant IP law experiencein
Seen In A Drugstore
Microsoft v Apple re Genericness of APP STORE
This is Microsoft’s brief for summary judgement in its TTAB opposition to Apple’s application for the mark APP STORE.
The brief alleges that Steve Jobs used the term ‘app store’ to refer to competitors. I can picture the Apple in-house trademark lawyer going into his office the next day: “Great keynote speech yesterday, Mr. Jobs.