5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit. I’m going with numbers 1 (she believes she can win); and (4) she gets publicity (note how we’re talking about her). Also add number (6): people will be less likely to use her persona without authorization.
Lindsay Sues eTrade.
You know who I mean, right? Lindasay Lohan sues eTrade under NY Civil Rights Law Section 51, in Nassau County Supreme Court, NY, for $50 million. Lindsay the milkaholic baby, allegedly refers to her.
Practice pointer: Avoid use of word ‘parody’ when describing defendant’s acts.
The Naked Cowboy case is one of the more recent NY Section 51 cases around these parts (embedded below).
Hat Tip: AGL
Complaint Lindsay Etrade
Decision Naked Cowboy Right of Publicity
Spot The Lawsuit In This Commercial
(‘)(‘) <- me rolling my eyes
Black Card v Black Card Trade Dress
American Express provides the Centurion credit card, known as the Black Card. The annual fee is reportedly $2500. Defendant offers a black card (and claims it filed a patent for its ‘carbon and carbon-based’ card).
Complaint Black Card
One Way Of Getting To $2 Million In Damages
Start with a famous mark such as ROLL ROYCE, have defendant copy it, have defendant not show up, have two plaintiffs awarded $1 million each.
Decision Rolls Royce Default
SDNY: Demand Letters, Declaratory Actions and the First to File rule
SDNY: Motion to transfer granted following ‘first to file’ rule. Discussion as to what extent a Declaratory Judgement filed in response to a demand letter will not be recognized as a first filing.
Decision Motion to Transfer First to File
TTAB: CITIBANK v CAPITAL CITY BANK
I Will Be Part of a Panel on Fan Fiction and Mash-Ups At The Copyright Society Lunch in Manhattan This Wednesday
Trade Dress Suit re Lacrosse Helmets
Plaintiff (represented by friend of the blog John Welch) sues New Balance alleging infringement in trade dress of lacrosse helmet.
Complaint Sports Helmet