Posted on 10/2/2007 by Keith Henning
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, Capitol Records [...]
Filed under: 2007 Copyright Cases, 2007 Trademark Cases, Arkansas IP Litigation, Infringment Cases, RIAA | 2 Comments »
Posted on 09/5/2007 by Keith Henning
I continue with another of trademark law’s greatest hits. Take away: “Accordingly, the public interest in free and artistic expression greatly outweighs its interest in potential consumer confusion about Mattel’s sponsorship of Forsythe’s works. ” p. 37.
What was all the fuss about?
The question from this case I have not seen tested is when does a TM become a [...]
Filed under: 2003 Trademark Cases | No Comments »
Posted on 09/5/2007 by Keith Henning
Yes, this is an old case. But, in combines 2 of my favorite things - the Lanham Act and golf (and you thought I was all about copyrights). Plus, it has the benefit of having cartoon pictures in the opinion, which is idiocyncratic to trademark cases. Not only does this case state trademark law essentials [...]
Filed under: 2003 Trademark Cases | 1 Comment »
Posted on 08/17/2007 by Keith Henning
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 not [...]
Filed under: 2007 Copyright Cases, 2007 Trademark Cases, Copyright, First Sale Doctrine, Unfair Competition | No Comments »
Posted on 06/5/2007 by Keith Henning
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 [...]
Filed under: 2007 Trademark Cases, Trademark | No Comments »
Posted on 05/15/2007 by Keith Henning
U.S. Department of Justice
Office of Legislative Affairs
May 14,2007
The Honorable Nancy Pelosi
Speaker
U.S. House of Representatives
Washington, D.C. 20515
Dear Madam Speaker:
We are transmitting herewith a legislative proposal entitled the “Intellectual Property Protection Act of 2007.” Because intellectual property is critical to not only our economy but also to the public’s health and safety, the Attorney General is strongly [...]
Filed under: Copyright, Legislation, Trademark | No Comments »
Posted on 05/14/2007 by Keith Henning
Press release, USNewswire story here. Today the Justice Dept. delivered a draft of The Intellectual Property Protection Act of 2007 to Congress. In it is a current wishlist of new criminal provisions for IP violations, including:
Increasing the maximum penalty for counterfeiting offenses from 10 years to 20 years imprisonment where the defendant knowingly or recklessly [...]
Filed under: Copyright, DMCA, Legislation, Trademark | No Comments »
Posted on 05/12/2007 by Keith Henning
As this UK article points out, the similarities between the Chinese Beijing Shijingshan Amusement Park and Disneyland are striking. Of course the park’s owners don’t see it that way. As the manager points out, their Cinderella looks Chinese, not European. And the castle in the middle of the park looks familiar as well.
Deputy general manager, [...]
Filed under: Copyright, Infringment Cases, Trademark | No Comments »
Posted on 04/18/2007 by Keith Henning
I have been arguing a need to make IP a larger part of the board discussions, but here is an decent article from Sterne Kessler Goldstein Fox I can hand out. http://www.skgf.com/media/news/news.228.pdf Well worth the read.
Filed under: Copyright, Patents, Trade Secret, Trademark | No Comments »
Posted on 03/8/2007 by Keith Henning
Lowering the Bar: February 2007
Earlier this week, the U.S. Patent and Trademark Office informed Alexandre Batlle that it would not register the proposed trademark “OBAMA BIN LADEN,” which of course conflates the names of presidential candidate “Barack Obama” and non-presidential-candidate “Osama bin Laden.” Batlle had hoped to use the trademark to market t-shirts, et al.
Filed under: 2007 Trademark Cases, Trademark | No Comments »
