August 16th, 2010
Holding true to its promise, Viacom has appealed a judgment by the District Court for the Southern District of New York wherein Judge Stanton ruled that Google and YouTube are not liable for copyright infringement based on Safe Harbor provision of the federal Digital Millennium Copyright Act (DMCA).
This case began back in 2007 with Viacom’s initial lawsuit against YouTube alleging $1 billion in damages. Viacom argued that YouTube provides a service to internet users by doing more than merely allowing them to post and distribute copyrighted materials. Viacom’s complaint stated;
“YouTube itself commits the infringing duplication, distribution, public performance, and public display of Plaintiffs’ copyrighted works, and that infringement occurs on YouTube’s own website, which is operated and controlled by Defendants, not users.”
Continue reading Internet Attorney Update: Viacom Appeals Summary Judgment Ruling in Trademark and Copyright Infringement Lawsuit Against Google and YouTube »
August 13th, 2010
In a decision rendered on August 5, 2010 by the U.S. Court of Appeals for the Second Circuit, that court reversed the district court’s refusal to exercise jurisdiction based on Defendants’ shipment of a single counterfeit Chloé handbag from California to New York in the case of Chloé v. Queen Bee, 09-3361-cv (2nd Circuit, Aug. 5, 2010).
The Second Circuit’s Chloé v. Queen Bee opinion can be found here.
Interestingly, it appears that the single shipment of the counterfeit Chloé handbag was a ploy. The sale was actually orchestrated by Chloé’s attorneys as a “trap sale” to open up Defendants Queen Bee of Beverly Hills and its principal Simone Ubaldelli to claims of
Continue reading Trademark Infringement Update: Second Circuit Reverses to Find Jurisdiction Based on Shipment of Single Counterfeit Chloé Handbag »
August 12th, 2010
The U.S. Court of Appeals for the Sixth Circuit rejected a defendants’ motion dismiss various trademark infringement claims brought against him by two Seventh Day Adventist organizations. Suit was brought by General Conference Corporation of Seventh-Day Adventists and General Conference of Seventh-Day Adventists (Plaintiffs/Adventists) against Walter McGill (Defendant), after McGill broke off from the Seventh Day Adventist Church congregation and began his own congregation (apparently of which there are only 3 members) under the name Creation 7th Day Adventist Church.
Originally Adventists brought a trademark infringement lawsuit against McGill in the U.S. District Court for the Western District of Tennessee at Jackson for his use of protected marks belonging to Adventists in advertising and promoting his breakaway church. In response, McGill brought a motion to dismiss based on the Free Exercise Clause and the Religious Freedom Restoration Act (RFRA), which was denied by the district court. Subsequently, and after McGill’s repeated refusal to appear for a court-ordered mediation to which he had initially consented, the district court entered default judgment against him and granted partial summary judgment in favor of Adventists.
Continue reading 2 Seventh Day Adventist Organizations Bring Trademark Infringement Lawsuit Against Breakaway Church »
August 5th, 2010
In a case before the U.S. Court of Appeals for the Ninth Circuit, Plaintiff on appeal Advertise.com, Inc. (Advertise.com), appealed a preliminary injunction order previously entered by the U.S. District Court for the Central District of California which barred Advertise.com from using the domain name www.Advertise.com for its web services.
The full opinion; Advertise.com, Inc., v. AOL ADVERTISING, INC., FKA Platform-A, Inc.; AOL INC., Case No. 10-55071 (9th Cir. August 3, 2010).
Defendants in this suit are AOL ADVERTISING, INC., FKA Platform-A, Inc.; and AOL INC., (collectively as ‘Defendants’ or ‘AOL’). AOL was the original plaintiff in this lawsuit and at the district court level it filed a complaint alleging trademark infringement against Advertise.com in the Eastern District of Virginia. That case was transferred to the Central District of California where District Judge Valerie Baker Fairbank entered a preliminary injunction against Advertise.com.
Continue reading AOL’s ‘ADVERTISING.COM’ Trademark Found Generic by Ninth Circuit Ruling, Overruled Preliminary Injunction Against www.Advertise.com »
August 2nd, 2010
Pac-Man is almost universally recognized as the beloved yellow circle with a mouth who is being chased by the ghosts Blinky, Inkey, Pinky and Clyde. In a twist on this classic arcade game, Greenpeace produced their own version of the game. In the Greenpeace’s version, they have swapped out the usual Pac-Man characters for their own hero and nemesis set; the endangered Gahirmatha turtle featured in yellow and squared off against four colorful Tata symbols named Ratty, Natty, Matty and Tinku.
Go here to play Greenpeace’s parody game, “Turtle vs Tata”
Or here to revert back to the iconic original Pac-Man game in a Flash version
Continue reading Greenpeace Embroiled in Trademark Infringement and Defamation Lawsuit Over its Pac-Man Parody Game, Turtle vs Tata »
August 2nd, 2010
Hinds County authorities caught two men on Thursday attempting to sell blocks of wood and binders filled with paper by passing them off as laptop computers and cameras. The two men, Eddie Handford, 45, and Frank Hamilton, 54, were caught at the Mississippi Fairgrounds in Jackson. They were offering for sale the fake laptops and cameras contained boxes, complete with Toshiba labels, to an off-duty trooper when they were arrested.
The two are being charged with trademark infringement and two counts of illegal sale of goods bearing counterfeit labels, each count of which carries a maximum sentence of five years in jail and $10,000 in fines. Continue reading 2 Men Charged with Trademark Infringement for Selling Wood as Laptops »
July 26th, 2010
In this recent trademark-infringement lawsuit, Plaintiff Toyota brought suit against Farzad and Lisa Tabari for using the Toyota’s mark ‘LEXUS’ in 2 domain names that advertised the Defendants’ auto brokerage services (buy-a-lexus.com and buyorleaselexus.com). The court of appeals ruled in favor of Defendants’ and against the injunction preventing their use of ‘LEXUS’ anywhere in the domain names used for their auto brokerage service.
The district court found trademark infringement and ordered the defendants to cease using the domain names (buy-a-lexus.com and buyorleaselexus.com) and enjoined them from future use of the ‘LEXUS’ trademark in connection with any other domain name.
Continue reading Trademark-Infringement-Attorney Update: Defendant Lexus Vehicle Auto-Brokerage Service Protected by Fair Use Doctrine in an Appeal from Lawsuit Brought by Toyota »
July 26th, 2010
Many Internet users take downloading free software over the Web for granted, especially when that download link is located on a seemingly legitimate Website next to the seemingly legitimate logo of the software you are downloading.
However, with increasing prevalence these ‘free download’ links are being used as traps and can be found throughout myriads of Web pages hosted by German servers.
Recognizably, one of the familiar companies hosting freeware or Open Source Software (F/OSS) that is being used on these ‘trap’ fraudulent Websites is the popular internet browser Firefox.
On its Website, Firefox boasts that “switching from IE to Firefox is quick and easy – a safer, faster, more advanced Web is only a few clicks away!”
Continue reading Free Download Links for Firefox Web-Browser Used as Traps on some German Websites »
July 22nd, 2010
Time Square icon The Naked Cowboy is threatening The Naked Cowgirl with a lawsuit and fines up to $150,000.
Robert Burck is the original Naked Cowboy and also the owner of the ‘NAKED COWBOY’ trademark. In a bid to enforce his brand rights, he sent a cease-and-desist letter to Sandy Kane, who has proclaimed herself as The Naked Cowgirl and who also began to appear in Times square donning a red, white and blue cowboy hat and matching bikini several years ago.
In an article posted on the New York Post earlier today, Sandy Kane is characterized as, “a fixture of the city comedy scene and former stripper famous for closing her act by lighting her breasts on fire.”
Continue reading The Naked Cowboy Threatens The Naked Cowgirl with Trademark Infringement Lawsuit After She Refused to Become a Franchisee »
July 22nd, 2010
The popular TV show Cake Boss starring ‘Buddy’ Valastro might be titled something more like ‘Baking Boss’ or ‘Buddy the Cake Champion’ or maybe even ‘Carlo’s Bake Shop’ when the show releases its fourth season (unlikely at this point) or anytime the show is referenced after the third season is done with its first-run.
On July 16th the Western District Judge Richard Jones issued a preliminary injunction against Discovery Communications, Inc. (Discovery) for their use of ‘Cake Boss’ in relation to the TV show on TLC.
The lawsuit is Masters Software, Inc. v. Discovery Communications, Inc., No. 10-405 (W.D. Wash. July 16, 2010) (Jones, J.). The plaintiff in this suit is Masters Software, Inc. (Masters), who also owns the federal registered trademark for CAKEBOSS.
Continue reading Trademark Infringement Update: Court Imposes Preliminary Injunction Against Producers of Cake Boss TV Show »