Customer of domain name registrar (Intercosmos Media dba DirectNic) allegedly uploads infringing material. Copyright owner sues registrar. Registrar seeks declaratory judgment of non-infringement as copyright owner didn’t complay with DMCA.

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I’m assuming that plaintiff, Cold Stone Creamery, is alleging that defendant, a former franchisee, breached its franchise agreement in such a way that continued use constitutes trademark infringement. There is a problem with the ECF filing here as only the first three pages of the complaint are on Pacer. In any event, the exhibit, the Cold Stone franchise agreement is reproduced and is of interest.

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43(B)log: The Meaning Of “Commemorative Baseball Bat:

Plaintiff (d/b/a Where It All Began) alleged that defendant (d/b/a Cooperstown Bat Co.) engaged in false advertising of its commemorative baseball bats in Cooperstown, falsely claiming to “manufacture” and “make” baseball bats and to make them in Cooperstown (“where it all began”), when in fact the bats are mostly made in defendant’s factory two miles outside Cooperstown.

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Philly.com: Youth-leage founder to fight trademark suit:

A Florida man originally from Montgomery County who recently started a Christian youth baseball league has decided to fight a trademark lawsuit by Little League baseball, while a Jewish youth organization in Connecticut said it would change its name after being threatened with a similar suit.

Yup, Little League Baseball, Inc. has incontestable registrations covering, uh, little league services.

Taser published quotes from a study about its competitor, Stinger, that Stinger alleges are false or misleading. Excerpt from complaint: “Taser’s conduct evidences an evil hand guided by an evil mind and outstrip the bounds of decency, fairness, and fair competition.”

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