Arkansas IP Litigation Cases for the Week of November 10, 2007

The U.S. District Court for the Eastern or Western District of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia: Coulson Oil Company Inc v. Deweese Enterprises Inc; No. 4:2007cv01102; Filed: November 9, 2007; Court: Arkansas Eastern District Court Here is a Trademark Infringement lawsuit involving gas stations run [...]

Dell Cybersquatting Case

Last week, the U.S. District Court for Southern Florida unsealed a lawsuit that Dell filed in October. See story here: Dell Takes Cybersquatters to Court. The cybersquatting/typosquatting lawsuit is unique in that they are going after several registrars as being “responsible for registering and profiting off of nearly 1,100 domains that were “confusingly similar” to Dell’s [...]

Red Hot Chili Peppers vs. Showtime in Californication Showdown

The band the Red Hot Chili Peppers have sued Showtime Networks for their use of the word “Californication” as the title of one of their shows. It was also the name of RHCP’s 1999 album and song. Claims are being made under federal trademark law and state unfair competition law. There are a number of [...]

Arkansas IP Litigation Cases for the Week of November 3, 2007

The U.S. District Court for the Eastern or Western District of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia: Lindsey Management Company Inc v. Links at Northcreek LLC et al; No. 4:2007cv01076; Filed: November 1, 2007; Court: Arkansas Eastern District CourtThis one looks like fun, but for reasons [...]

C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP. – Affirmed on appeal; Player names and statistics are in the public domain

Monday, the 8th Cir. affirmed U.S. District Court Judge Mary Ann Medler’s ruling last year in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP. At issue was a purely contractual issue, which we don’t care about here (CBC had a contract with MLB to use players names and stats. When it ended [...]

Lance Armstrong Foundation v. Ohman et al: We own the color yellow!

Lance asserts ownership of the color yellow, in combination with any word ending in “strong.” Lance Armstrong’s Foundation has sold over 70 mil. of those yellow LiveStrong wristbands for $1 each. And, they are trademarked. No surprise then that they had a problem with the Animal Charity Collar Group, Inc. for their yellow dog collars with either [...]

Arkansas IP Litigation Cases for the Week of October 6, 2007

The U.S. District Courts for the Eastern or Western District of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia: Thirty Eight Street Inc et al v. Bajrang LLC, No. 07-920 (4:2007cv00920) (E.D. Ark., filed Oct. 2, 2007) Thirty Eight Street brought suit against Bajrang for trademark infringement. Thirty [...]

Arkansas IP Litigation Cases for the Week of September 29, 2007

The U.S. District Courts for the Eastern or Western District of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia: Virgin Records America Inc et al v. Does, Case Number 4:2007cv00863, Filed:  September 20, 2007, Court:  Arkansas Eastern District Court  Virgin Records America Inc, Atlantic Recording Corporation, BMG Music, [...]

Merle Norman Cosmetics, Inc. v. Labarbere: Order Denying Motion to Dismiss Order Denying Motion to Stay Discovery

Evan over at InternetCases.com points to the case of Merle Norman Cosmetics v. Labarbera, summing up the case thusly: Labarbera moved to dismiss under FRCP 12(b)(6), arguing that the “first sale doctrine” protected her right to resell products she had lawfully acquired in the stream of commerce. Merle Norman responded that the first sale doctrine should [...]

Toyota Motor Corp. v. LexusCash.com

Lexus Sues Adult Site Owners - Toyota brought suit agaist LexusCash.com. Lexus, a division of Toyota, apparently has a problem with this adult web site and adult model using the name Lexus. Plaintiff seeks an injunction and attorneys fees, no monetary damages. The lawsuit alleges that LexusCash.com, and the couple who run the site, including the [...]