The latest on ‘advertising injury’ clause interpretation. The clause covered slogans or titles. The underlying infringement action involved pocket stitching on apparel. If the language was unambiguous, there is a strong preference to enforce the insurer’s duty to defend. The stitching was definitely not a slogan. When the underlying action was filed, there was sufficient
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ENTREPRENEUR v ENTREPRENEURESS. jumped the shark?
Entrepreneur Magazine sues ENTREPRENEURESS.
If you were a cynic, you could point out that perhaps it is indicative of the state of entrepreneurship and of IP law in the US, that IP rights are used to make it difficult to use the word ENTREPRENEUR to describe information about entrepreneurs, or to even coin new words…
Trespassing On Your Former Land
Defendant declared bankruptcy and the trustee allegedly sold to plaintiff, defendant’s trademark rights, including a federal registration for ZIG ZAG. Defendant continues to use the mark, despite the alleged assignment. Plaintiff sues for infringement. Plaintiff appears not to have begun use of the purchased mark.
zig zag v hubbard
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Practice Pointer: The Ham Turned The Table On The Chicken
Plaintiff owns the registered EVEROAST trademark for chicken. Its priority date is August 2009. Its former counsel sends a demand letter in 2012 to defendant regarding its common law use of EVERBEST for ham. The complaint states that former counsel had not heard of defendant’s mark prior to then. The defendant says ‘a ha! It…
2d Circuit Reverses GHOST RIDER Copyright Dismissal
2d Circuit reverse dismissal of GHOST RIDER copyright suit, finding disputed matters of fact relating to 1978 contract. Coverage here.
ghost rider
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TRAFFIC LAW CENTERS v TRAFFIC LAWYERS CENTERS
I’m not sure a branding expert would approve of a logo saying ‘Stop TLC.’ TRAFFIC LAW CENTERS v TRAFFIC LAWYER CENTERS
tlc v tlc
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GreenPan v. Alleged Knock-Offs on HSN
I read this complaint quickly, so I may have missed something, but I’m puzzled as to exactly how defendant mis-used plaintiff’s mark. I do not see an allegation that defendants (HSN and a terminated distributor) affixed plaintiff’s GreenPan mark to packaging or the product or reproduced the mark in advertising of the complained-of goods. I…
Ollie on Trademarks: The Furminator v John Does
I’m Ollie. Plaintiff files John Doe complaint regarding allegedly infringing sales of the FURMINATOR, a very useful product if your roommate, a Yellow Lab, sheds a lot.
furminator
var docstoc_docid=”159058917″;var docstoc_title=”furminator”;var docstoc_urltitle=”furminator”;
Bark v Barq: No Personal Jurisdiction Despite Registered Users of Software in NY
Defendant (California corp) is in beta-testing phase. For now, it allows users to download its software and embed it on their own sites (the software is a comments plug-in). Several New Yorkers have become registered users (and presumably have downloaded the s/w). Defendant will ultimately monetize by charging users and/or selling ads.
Held: No personal…
Irregular Round-up of Recent Tweets and Re-tweets from @TrademarkBlog
Jersey v Jersey bbc.in/11gZ3Bn
— TrademarkBlog (@TrademarkBlog) June 3, 2013
Really, really nice look at many great logos in pop music history: 2.dashes.com/10M1z6p Still wish I knew who designed Prince’s name/logo.
— Anil Dash (@anildash) June 3, 2013
3 ICANN registrars terminated and names transferred.bit.ly/14oFs37
— TrademarkBlog (@TrademarkBlog) June 3, 2013
43(B)log: Washington Metro
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