SDNY departs from first-filed rule, enjoining Florida action as it was ‘improper anticipatory’ action filed one day before ‘natural plaintiff’s’ SDNY action.
sdny declaratory judgement miller fabircs
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After a first scan of the list: the winner is .APP, with 13 applications. The only obvious trademark conflict I saw involved .COACH (2 applications) and .MONSTER (2 applications). (UPDATE – Google filed by .ING, but ING didn’t. Also, .SAS filed for by two different applicants) Google and Amazon will butt heads over several generics. L’Oreal filed for .BEAUTY. There appear to be approximately 195 strings that have 2 or more applicants. Seven of these are in non-roman characters (the Han characters for INFO, ENTERTAINMENT, GUANGDONG, .WEBSITE, .NETADDRESS, .WEBSTORE and .WEIBO). The longest strings appear to be .TRAVELERSINSRUANCE and .NORTHWESTERNMUTUAL.

Here is a rough list of the most-filed for strings:

.APP 13
.INC 11
.HOME 11
.ART 10
.LLC 9
.BLOG 9
.BOOK 9
.MUSIC 8
.MOVIE 8
.DESIGN 8
.WEB 7
.HOTEL 7

EDNY court exercises personal jurisdiction over defendant whose contacts with New York consist of three trap sales to plaintiff and fairly successful ‘stores’ on Amazon and eBay.

edny envirocare personal jurisdiction
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Would your accounting department process the document reproduced below? Maybe it has. Consider:

Title 39, United States Code, Section 3001, makes it illegal to mail a solicitation in the form of an invoice, bill, or statement of account due unless it conspicuously bears a notice on its face that it is, in fact, merely a solicitation. This disclaimer must be in very large (at least 30-point) type and must be in boldface capital letters in a color that contrasts prominently with the background against which it appears.

The disclaimer must not be modified, qualified, or explained, such as with the phrase “Legal notice required by law.” It must be the one prescribed in the statute, or alternatively, the following notice prescribed by the U.S. Postal Service: THIS IS NOT A BILL. THIS IS A SOLICITATION. YOU ARE UNDER NO OBLIGATION TO PAY THE AMOUNT STATED ABOVE UNLESS YOU ACCEPT THIS OFFER.

Some solicitations disguise their true nature. Others identify themselves as solicitations, but only in the “fine print.” In either case, protect your company’s assets by withholding payment until you have verified whether your company actually ordered and received the goods or services reflected on the document. If not, do not pay. You may have received a solicitation in the guise of an invoice.

A solicitation whose appearance does not conform to the requirements of Title 39, United States Code, Section 3001, constitutes prima facie evidence of violation of the federal False Representation Statute (Title 39, United States Code, Section 3005).

day group
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. . . but it’s a little odd that Bogart’s lawyers don’t know that Claude Rains, and not Bogart, delivers the line ‘Round Up The Usual Suspects.’ See para. 25, page 7 of the state complaint. Burberry should certainly deny that allegation.

Coverage here.

bogart v burberry
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Adidas sues Wolverine for infringement of adidas’ three strip mark. Pictures of the allegedly infringing footwear on pages 11 and 12 of the complaint (one is pictured above).

Para 61 on page 19 is interesting as it alleges that the infringing footwear ‘also’ dilutes’ adidas’ rights in 34 states other than Oregon (where the suit is being brought).

I thought I’d have a bit of fun with this post below. Remember, people who read The Trademark Blog (and can see other people’s comments) don’t represent the relevant universe that a real survey would examine (because they are extremely erudite and good-looking).

adoidas v wolverwine 3 stripe
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