Maxim started as a men’s magazine and has become a ‘lifestyle’ brand. Defendant used MAXIM for anti-perspirant wipes for people with hyperhidrosis, a condition causing excessive sweating. Four years ago, defendant began selling scented wipes, and adopted a logo and packaging that, allegedly, is evocative of Maxim’s image. Maxim itself is moving into fragrance and…

Cloralex brings DJ action regarding Clorox’ protests. Note use of graphics in paragraphs 27 to 32, to illustrate the ‘crowded field.’ Note paragraphs 39 to 61 to illustrate the length of the acquiescence.

cloratex v clorox dj
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Hershey’s oppose Mars’ application for cross-section of Snickers bar on functionality grounds. Mars’ specimen was use of the cross-section on an in-store display.

hershey v mars
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brahma hockey
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Second golf blog post today. Roger Cleveland designs golf clubs. He sold his company to plaintiff (which retains the CLEVELAND trademark), then joined defendant, Callaway. Callaway is now indicating on the club head itself that it is ‘designed by Roger Cleveland.’ See illustrations above.

roger cleveland trademark
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This is a strange fact pattern. Plaintiff alleges that it has operated the PGA event, the PHOENIX OPEN (now known as the Waste Management Phoenix Open) for decades. Defendant approaches plaintiff and alleges that it owns the rights to PHOENIX OPEN. I couldn’t find any press reports on the dispute. Something is not right…

Here are the slides discussing the patent, trademark and copyright ramifications of 3D scanning and printing, from our discussion last night at the NYC Bar Association.

shape law schwimmer
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Details here.