Law firm McAllister Olivarius sues a client for unpaid bills. Client registers the domain name McallisterOlivariusTruth.com. Law firm sues for cybersquatting. Client moves to dismiss. Motion to dismiss denied.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/04/McAllister-Olivarius-v-Mermel-1.pdf”]
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/04/blockchain-nation-complaint-1.pdf”]
Lohan v Take-Two Interactive:
Lindsay Lohan’s New York right of publicity suit against the publishers of Grand Theft Auto, arising from use of avatar Lohan asserted was a ‘portrait’ of her, dismissed by NY Court of Appeals:
“.. . we conclude that the amended complaint was properly dismissed because the
artistic renderings are indistinct, satirical representations of the style, look, and persona of
a modern, beach-going young woman that are not reasonably identifiable as plaintiff . . .”
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/lindsay-lohan-gta-decision-1.pdf”]
Appeal of TTAB inter partes decision to district court: Neither general nor specific jurisdiction over Hallmark Cards in New Jersey.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/hallmark-specific-jurisdiction-1.pdf”]
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/viacom-v-hearrt-re-paw-patrol-1.pdf”]
Interlocutory appeal certified in Goldman v Breitbart (Tom Brady embedded link case), thus assuring prompt resolution of knotty legal problem.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/breitbart-goldman-appeal-1.pdf”]
the history of swiping left and swiping right detailed.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/match-v-bumble-1.pdf”]
The Ninth Circuit affirmed the district court’s summary judgment for defendants and its order denying attorneys’ fees in a copyright case alleging infringement of pornographic content. The panel held that the Digital Millennium Copyright Act’s safe harbor applied to defendants because the material at issue was stored at the direction of the users and defendants did not have actual or apparent knowledge that the clips were infringing. Furthermore, defendants expeditiously removed the infringing material once they received actual or red flag notice of the infringement, they did not receive financial benefit, and they had a policy to exclude repeat infringers. Finally, the district court did not abuse its discretion in not exercising supplemental jurisdiction over a California state law claim, and the district court did not abuse its discretion in denying an award of attorneys’ fees to defendants.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/ventura-v-motherless-1.pdf”]
Anthem Sports LLC v. Under the Weather, LLC, 17cv596 (D. Conn. March 6 2018)
Patent and trademark dispute relating to small tents for viewing outdoor sports. As 43(B)log points out, the judge used the term SPORTSPOD generically in the decision, which doesn’t bode well for the trademark claim.
Calling something a shoddy knockoff is an opinion and therefore not actionable under 43(a)(1)(B).
Falsely claiming to be the inventor of something is not actionable under 43(a)(1)(A) per Dastar.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/anthem-sports-v-under-the-weather-decision-1.pdf”]
Class action claims relating to Kind Bar’s use of ‘all natural’ ansd ‘non-GMO’ will be stayed pending the FDA doing science.
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/IN-RE-KIND-LLC-quotHEALTHY-AND-ALL-NATURALquot-LITIGATION-1.pdf”]