Our firm, Leason Ellis, has filed a declaratory judgment action on behalf of plaintiff, Anne With An E, a theatrical producer that is developing a musical based on the 1908 novel ANNE OF GREEN GABLES. Plaintiff seeks a declaration that its musical will not infringe the asserted tradeamrk rights of Defendant, an entity owned in
I asked: “What were the first trademarks?“
ChatGPT replied:
The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, the modern concept of trademarks as legally protected intellectual property emerged in the late
SDNY: The Fashion Exchange v Hybrid Promotions 14-1354 (Judge Stein).
Plaintiff’s hard drive and server were “fried in some unknown fashion” so it couldn’t establish its damages (page 4). There doesn’t seem to be a lot of other evidence on other aspects of the lawsuit, either. Defendant’s summary motion as to damages granted.
The decision
The Solicitor General has advised SCOTUS to grant cert in Abitron Austria v Hetronic (brief below). It thinks the 10th Circuit got it wrong under Steele v Bulova. It thinks this is a good vehicle for determining the geographic scope of the Lanham Act.
Petitioner Abitron’s introduction in its petition (HT ScotusBlog):
Petitioners—all
P AND P IMPORTS LLC V. JOHNSON ENTERPRISES, LLC, No. 21-55013 (9th Cir. Aug 24 2022). Link to text of decision below.
Court refers to both litigants’ backyard “4 in a row” games as “CONNECT 4 knock-offs.” Ninth Circuit reverses defendant’s summary judgment. Too much evidence suggesting defendant’s intentional copying. Also: District Court had
Jacobs v. Whole Foods Market Group, Inc., No. 1:2022cv00002 – Document 27 (N.D. Ill. 2022)
Plaintiff sues, based on the disparity between the box size of rice pilaf and the amount of product. The empty space is known as “slack fill.”
Defendant notes that the box clearly identifies the weight and number of servings.
Plaintiff
Brothers and Sisters in Christ v. Zazzle, Inc., No. 21-1917 (8th Cir. 2022)
From Justia:
Brothers and Sisters in Christ, LLC (BASIC) allege that Zazzle, Inc. sold a t-shirt that infringed on BASIC’s federal trademark. The district court granted Zazzle’s motion to dismiss for lack of personal jurisdiction. The Eighth Circuit affirmed. The court