This is an excerpt from the verdict (see below). A ‘yes’ check indicates that the jury found for Adidas.
Text of Adidas Payless Verdict – Photos Of Infinging Sneakers
There were approximately 290 different models of striped sneakers involved in the Adidas case. In a quick scan I only saw one model that the jury didnt’ find to be infringing. This verdict clearly suggests that Adidas ‘ trademark rights extend to two stripes and four stripes with varying placement on the shoe.
Read this doc on Scribd: adidas payless verdict
Adidas Wins $76.5m per Stripe Against 4 Stripe Shoe
Is $305 million the largest US Trademark Verdict Ever?
Pfizer/Trovan was $143m (initially) after trial, maybe 12 years ago. I can’t remember anything that has come close since until this. Adidas was just awarded $305 million against the operator of the Payless store chain, for a three stripe infringement. That’s more than $100m per stripe. If you’re aware of a higher damages award in a trademark case, send it in.
UPDATE: This seems to be a jury trial in the District Court of Oregon, 3:01-cv-01655. The most recent filing indicates that the jurors were in deliberation yesterday and: “Nine juror lunches ordered from the Lotus Cardroom and Cafe, and from Anne’s Deli.” Really, that was on Pacer.
UPDATE: Here is the text of the original complaint.
Read this doc on Scribd: Complaint adidas trade dress 3 stripe
MemeWatch: LOLcats
As of now, no one has filed a US trademark appllication for LOLcats. Updates as the situation warrants.
Validity Of TTAB Judges?
NY Times: “In One Flaw, Questions on Validity of 46 Judges” (they could have written a better headline):
But John F. Duffy, who teaches at the George Washington University Law School, is a different kind of law professor. He has discovered a constitutional flaw in the appointment process over the last eight years for judges who decide patent appeals and disputes, and his short paper documenting the problem seems poised to undo thousands of patent decisions concerning claims worth billions of dollars.
“What To Do With Failed Startup IP?”
TechCrunch: “What To Do With Failed Startup IP?“:
The large majority of most startups fail, and a lot of them have software, patents and other intellectual property that may be of value to the community. This IP could help those startups avoid wasting time reinventing the wheel, find creative ways to solve problems, etc. In a perfect world, the best of this property would be made available via a clearing house, or turned open source.
%) Greatest Commercial Parodies Of All Time
Boing Boing: 50 Greatest Commercial Parodies Of All Time
Gee Our Old LASALLE Ran Great
TTAB holding that GM had abandoned LASALLE trademark for cars, subsequent attempts at licensing replacement parts and merchandise insufficent. TTABlog commentary here.
Read this doc on Scribd: ttab abandonment gm lasalle
Vuitton v Darfur T-Shirt con’t
Some websites are reporting that Vuitton actually sued the artist who created the Darfur t-shirt (background here), soemthing I have been unable to confirm. Here is an interesting analysis from a brand analyst from Forrester Research as to what Vuitton’s options are in a situation like this.