BMI logger goes to the restaurant that had ignored phone calls and letters from BMI, takes notes as to the BMI songs he heard, swears out an affidavit, destroys his notes (as a matter of routine) nine months later. Affidavit is admissible.
BMI asks for $3k in damages per song, defendant asks for $2k, judge awards $2.5k.
The owner of defendant is the sort of person who is normally not worried by mail he doesn’t open.
I’m not sure precisely what the deal is here. There is an allegation of trademark infringement by the owners of SEAFOOD TEMPTATIONS against Gorton’s, for using SHRIMP TEMPTATIONS. However a lot of lawyers and a federal judge (“in her non-judicial capacity” (sic)) are identified as defendants as well (see paras 1.13 to 1.20).
I see that these parties have tangled before, over fish sticks.
Plaintiffs own a registration for OWN YOUR POWER for motivational services. The October 2010 issue of O Magazine displayed a photo of Oprah with the headline phrase “Own Your Power” and some other commands, such as ‘Unlock Your Inner Superstar’ and “Tap Into Your Strength.” On September 16, 2010, the magazine promoted an “Own Your Power event.” The event was promoted by the other tentacles of the Oprah Empire (the tv show, the website, twitter, etc.). Plaintiff sues for tm infringement.
Held: The use of the headline was non-trademark use, describing the contents of both the magazine and the subsequent event. Interesting discussion at footnote 3 implying that the phrase was not intended by O Magazine to function as a trademark as it was not a memorable slogan (such as ‘Gatorade is Thirst Aid’).
Defendant is a booking service for skydiving services but falsely represented that it owned and operated skydiving facilities. District Court awarded $10 million comprised of actual damages, disgorgement of profits and damages enhancement. On appeal, damages enhancement was found to be punitive, and was reversed.
No one on the Internets agrees on the phonetic rendering of the Tequila song. Any way, owner of the 1800 tequila (named after the year aged tequila sales began, we are told), sues competitor for infringement of trapezoidal bottle trade dress.
From defendant party/event rental company’s website promoting its ‘free giant TELLY award statue:
TELLY AWARD ©™ is not equivalent to any product of AMPAS ©®, Academy Awards ©®, Decade Awards ©®, Emmy Awards ©®, Grammy Awards ©®, Golden Globe Awards ©®, Hollywood Awards ©®, Oscars ©®, Peoples Choice Awards ©®, SAG Awards ©®, Screen Actors Guild Awards©® and Tony Awards ©®. AMPAS has issued notice Oscar rental not allowed. TheEventLine.com (TEL) does not rent Oscar or rent Academy Award copyright items. Trademarks are owned by their registrants, are not licensed by TEL and are not generic terms for awards statue.
Someone named Jason gave plaintiff law firm a bad review on Google Places. Plaintiff doesn’t have clients named Jason, and certainly not dissatisfied clients named Jason. Plaintiff alleges 43(a) false advertising and defamation.
Google Places Reviews policies here.
Bussey Law Firm
That’s really awful. Maybe I’ll change the title later. I would make a WOCKET IN MY POCKET reference but the Seuss people might object. Any way, DJ action by ROCKET LAWYER against infringement claim by POCKET LAWYER.
From here.
