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You Wouldn’t Understand, It’s a [your name here] Thing
Here’s an interesting fact pattern. SunFrog.com is a custom t-shirt shop. You enter terms and the term is displayed on common designs. These designs are apparently created by the SubnFrog community of artists. I played with a bunch of search terms and it appears that a determination is made as to what category a particular
Text of Decision Tranferring Copyright Class Action Against Spotify to SDNY
Jaco Pastorius was a bassist for, among others, Weather Report (‘Birdland’ was their biggest hit). He died way too soon at the age of 36. His rights holding company is one of the named plaintiffs in this copyright class action against Spotify. The Central District of California grants Spotiy’s motion to transfer venue to the
‘Managing The Trademark Asset Lifecycle’ is this Thursday in New York
I will be attending World Trademark Review’s conference on “Managing the Trademark Asset Lifecycle” in New York, on Thursday October 20, 2016.
The program covers:
– Brand and trademark audits;
– Brand valuation;
– Collateralization of brands;
– Financial and tax considerations of trademarks;
– Monetization (i.e. licensing);
– ‘Exit strategies’ (i.e. what to do
Dilution Claim Dismissed Against NBC/Biggest Loser re Use of LB Logo
Go to page 7 of the decision and you will see allegations of fame that are insufficient to state a claim of dilution at the Motion to Dismiss stage.
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Lawsuit re FOOTBALL FACTORY AT LEGENDS
We need Men In Blazers to sort this one out. Allegations that employee of NYC bar stole FOOTBALL FACTORY trademark.
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2d Cir: Brown v Winfrey re OWN YOUR POWER
Blogged previously here and here.
Plaintiff fails to establish protectability of OWN YOUR POWER, and likelihood of confusion arising from Oprah’s use on magazine cover and other usages.
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SDNY: LVL XIII v LV re Metal toe plates
107 page decision by Engelmeyer, J.
Plaintiff targets its LVL XIII (Level 13) sneaker at the luxury ($500) market. The sneaker has a metal toe plate with LVL XIII engraved on it:
Plaintiff’s sneaker got some traction: a few celebrities were seen in a few pairs. 8 months after the introduction, LV comes out with
Patchogue’s LIVE AFTER FIVE v Farmingdale’s LIVE AT FIVE
Patchogue is about thirty minutes from Farmingdale on Long Island. Patchogue’s festivals are ALIVE AFTER FIVE and Farmingdale’s festivals are ALIVE AT FIVE.
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2nd Cir 43(a)(1)(B) decision: Weeks Pregnant vs How Far Along
Justia summary: Defendant, a marketer of over-the-counter pregnancy test kits, was found liable for false advertising in violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Plaintiff, a leading competing marketer of over-the-counter pregnancy test kits, claimed that, in informing the user as to how long her pregnancy had been in effect,