spongebob_ukulele

Plaintiff Gibson Guitar owns various trademarks relating to a ‘flying vee’ shaped guitar. Defendant Viacom licenses its Spongebob marks to licensee, which sells Spongebob Squarepants ‘flying vee’-shaped ukuleles (tell me you’re not smiling). Plaintiff’s trademark causes against Viacom dismissed at 12(b)(6) on grounds that Viacom’s ‘control’ over licensee doesn’t rise to contributory or vicarious liability standard.

This decision has been appealed.

spongebob ukulele
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managing complex page lippert

Justia’s summary:

In a copyright infringement case, Enterprise Management Limited, Inc. and Mary Lippitt appealed a summary judgment in favor of Donald Warrick. Lippitt contended, contrary to the district court’s holding, she demonstrated a prima facie case of copyright infringement. At issue was a diagram Lippitt created in the course of her work in organizational management. The diagram aimed to encapsulate and communicate the results of her research on the failures of complex organizational change initiatives. She created and registered the first version of the diagram in 1987; sometime around 1996, she updated it. She registered the update as part of a larger work in 2000; it was also included in materials she registered in 2003. In his motion for summary judgment, Warrick argued:

(1) Lippitt could not prove she held a valid copyright on the diagram because she could not produce the diagram from the materials accompanying her 1987 registration to show its similarity to Warrick’s diagram;

(2) Lippitt’s diagram was not copyrightable; and

(3) Warrick’s diagram did not infringe on any protected expression in Lippitt’s diagram.

After hearing arguments, the court granted Warrick’s motion without issuing a written opinion. Lippitt contended summary judgment was inappropriate. In her view, her copyright infringement claim was viable because her diagram was entitled to copyright protection and Warrick admits to copying her duly registered diagram. Finding no merit to Warrick’s arguments on appeal, the Tenth Circuit reversed the district court and remanded the case for further proceedings.

enterprise v warwick
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Here’s a TV commercial for Turbo Tax, in which it compares itself to H&R BLock:

Here is the bar graph from the commercial:

turbo v block

Here is the complaint H&R Block filed against Intuit (owner of Turbo Tax) alleging infringement and unfair competition:

block v intuit
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Here is the decision dismissing the federal claims:

block v intuit
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Were you to Google the phrase CAMEL E-LIQUID you would see what Camel’s problem is. Apparently people buy tobacco flavors for their e-cigarettes (or vaporizers). Some of these flavors have, uh, flavor names, and some flavors are given brand names.

camel tobacco flavor
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Shorty get down, good Lord
Baby got ’em up open all over town
Strictly biz, she don’t play around
Cover much ground, got game by the pound
Getting paid is a forte
Each and every day, true player way
I can’t get her out of my mind
(what)
I think about the girl all the time (well, well)

East side to the west side
Pushing phat rides, it’s no surprise
She got tricks in the stash
Stacking up the cash
Fast when it comes to the gas
By no means average
She’s on when she’s got to have it
Baby, you’re a perfect ten, I wanna get in
Can I get down, so I can win

[1] – I like the way you work it
No diggity, I got to bag it up, bag it up
[Repeat 1 (3x)]

blackstreet
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