Plaintiff owns incontestable registrations for LATHER for products that lather. Defendant is introducing a LATHER product. The top image is from the complaint. The image below shows defendant’s product as part of a ‘travel set’ of toiletries. Context is important.
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Bizarre story. Genius (formerly Rap Genius) provides lyrics and facts about songs, under license from music publishers. After Google partnered with LyricFind to publish lyrics, search traffic to Genius’s versions of lyrics plummeted. According to the WSJ:
Genius first became suspicious about the source of Google’s lyrics in 2016, when a Genius software engineer
Pictured above, on the left, is plaintiff Bodum’s CHAMBORD French press coffeemaker, and on the right is that of defendant A Top. A French press, also known as a coffee plunger, stamp pot, or coffee press, depending on your locale. uses a mesh plunger to separate the coffee
Straightforward dismissal on 12b6 – Website ran an article criticizing Ebony Magazine’s policies – article used an illustration parodying Ebony cover (see above). Court runs through LoC factors and 2d Circuit three factor nominative fair use test.
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There may be less to this lawsuit than some commentators think. Toronto Raptor star Kawhi Leonard, who is reported to have among the largest hands in the NBA, signed an endorsement deal with Nike in 2011, which ran through September of last year. Some Nike merchandise used the ‘Klaw,’ a logo that uses his initials
Defendant HALO FARM, a dairy company, filed 11 oppositions in the TTAB against 11 applications of HALO-variant marks filed by Halo Fresh, an energy drink vendor. Plaintiff sought a declaration of non-infringement in civil court. Defendant moved to dismiss, arguing that its oppositions were a mere prelude to obtaining a coexistence agreement, and that plaintiff
A motion for preliminary injunctive relief that would otherwise be deemed to be untimely, may be viable if there have been recent material changes to the circumstances. For example, plaintiff, which had been tolerating a geographically remote third-party, may contest that party’s recent expansion into plaintiff’s geographic market.
Here, in a dispute between two upstate
The mark consists of a two-dimensional design of a light gray, generally rectangular body with rounded ends. The top of the body features a light gray rectangle on each side. The left side of the body features a dark gray cross within a circle. The dark gray cross features a triangle on each arm of