Posts Tagged ‘Intellectual Property’

Trademark Infringement Update: Second Circuit Reverses to Find Jurisdiction Based on Shipment of Single Counterfeit Chloé Handbag

Friday, 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 trademark infringement attorneys

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2 Seventh Day Adventist Organizations Bring Trademark Infringement Lawsuit Against Breakaway Church

Thursday, 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.

trademark infringement attorneysOriginally 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.

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AOL’s ‘ADVERTISING.COM’ Trademark Found Generic by Ninth Circuit Ruling, Overruled Preliminary Injunction Against www.Advertise.com

Thursday, 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.

trademark infringement attorneysThe 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.

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Greenpeace Embroiled in Trademark Infringement and Defamation Lawsuit Over its Pac-Man Parody Game, Turtle vs Tata

Monday, 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.trademark infringement and defamation lawsuit

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

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California District Court Finds in Favor of Intel Corporation, Denying ANIPs Motion to Dismiss in Trademark Infringement and Cybersquatting Lawsuit Brought to Protect the Intel Trademark

Thursday, July 15th, 2010

On Monday July 12, 2010, U.S. District Court Judge Charles Breyer rendered a decision that Intel Corp.’s (Intel) lawsuit against Americas News Intel Publishing, LLC (ANIP) survived ANIP’s motion to dismiss.

trademark infringementThe case is Intel Corporation v. Americas News Intel Publishing, LLC, U.S.D.C. for the Northern District of California. 2010 U.S. Dist. Lexis 69386 (N.D. Cal. July 12, 2010). No. C 09-05085 CRB.

From the facts alleged in its complaint, Plaintiff Intel is a “a world-famous company that develops, manufactures and sells a wide variety of computer, communications and Internet-related products and services,” Compl. P 11, and that “over eighty-six percent (86%) of the general public who associate the term ‘intel’ with any word, definition, or mark, associate the term with Intel Corportation.” Compl. P 12.

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Marquee Nightclub Files Trademark Infringement Lawsuit Against AMC Cinemas

Tuesday, July 13th, 2010

Marquee nightclub filed suit yesterday against AMC Cinema, asking for damages and a permanent injunction to protect its intellectual property.

trademark infringementAMC operates almost 300 theatres and had planned to use the name ‘Marquee’ as a name for a new Las Vegas restaurant it planned to open; however this suit may halt those plans. The Marquee nightclub’s complaint alleges that AMC is already infringing upon the nightclub’s trademark rights by operating “The Marquee” restaurant which opened in Kansas City last year.

In addition to infringing upon the ‘Marquee’ name, the nightclub’s filing alleges that AMC is infringing because the design elements of AMC’s “The Marquee” restaurant were “obviously copied” from the Marquee’s Chelsea nightclub.

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Dirt Cheap Files Trademark-Infringement Lawsuit Against St. Louis Competitor Cheap Cheap

Monday, July 12th, 2010

trademark infringementThe Dirt Cheap vs. Cheap Cheap in trademark suit article post last Friday in the St. Louis Business Journal highlighted a lawsuit filed last week alleging trademark-infringement between two St. Louis businesses, Dirt Cheap and Cheap Cheap.

Suit was filed last week by Dirt Cheap, the 12-store chain of discount liquor and cigarette stores located in the St. Louis area against Cheap Cheap who operates stores in the same area and is alleged to display a logo with nearly an identical name, font, and color schemes as Dirt Cheap.

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Fourth Circuit Court Awards Attorney’s Fees and $20,000 in Statutory Damages in Cyber-squatting and Trademark-Infringement Lawsuit

Monday, July 12th, 2010

Employers Council on Flexible Compensation v. Kenneth Feltman; Anthony W. Hawks; Employers Council on Flexible Compensation, LTD.

In Emplrs Council on Flexible Comp. v. Feltman, 2010 U.S. App. LEXIS 12688 (4th Cir. Va. June 21, 2010), the U.S. Court of Appeals for the Fourth Circuit recently reaffirmed a district court ruling granting attorney’s fees and an award of statutory damages to plaintiff trademark owners of Employers Council on Flexible Compensation (ECFC).

Brief history of the parties involved;

Plaintiff ECFC is a nonprofit lobbying organization working on behalf of the maintenance and expansion of private employee benefit programs that was incorporated in 1981 in the District of Columbia and in 1999 registered the website “ecfc.org”.

Defendants in the case are Kenneth Feltman, Anthony Hawks, and Employers Council on Flexible Compensation LTD. Feltman worked as ECFC’s executive director until 1997. Although not formally an employee of ECFC after 1997, Feltman continued working on behalf of the ECFC through 2007 when the working relationship soured.

Feltman and Hawks discovered that the ECFC’s corporate charter had been revoked in September of 1998 because ECFC had failed to file certain reports the Department of Consumer and Regulatory Affairs (DCRA). Rather than notifying ECFC, in February 2008, Feltman and Hawks formed a for-profit corporation in the District of Columbia under the name Employers Council on Flexible Compensation, Ltd.

Feltman and Hawks also reserved with the DCRA the acronym “ecfc,” the trade name “Employers Council on Flexible Compensation,” and twenty-one variations of that name. Furthermore, in March 2008, Hawks applied to the United States Patent and Trademark Office to register the mark “Employers Council on Flexible Compensation,” as well as a  design mark identical to ECFC’s “ecfc” logo. Finally, Feltman and Hawks obtained the domain name ecfc.com, (remember that the ECFC had been using ecfc.org since 1999) and used that domain name to maintain a website that was nearly identical to that of ECFC.

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Whitehouse Battles Copyright and Trademark-Infringement in Software Piracy on a Global Scale

Wednesday, June 30th, 2010

Last year the Business Software Alliance (BSA) released its annual report on software piracy for 2009 which calculated that the commercial value of unlicensed software that founds its way into global markets last year totaled $51.4 billion. This figure represents a global rise in software piracy from 41% in 2008 to 43% in 2009.

copyright infringement and trademark infringementThe BSA traces the stimulus for this increase in software piracy to be largely due to the exponential growth in the PC and software markets in fast growing / high piracy markets such as Brazil, China and India.

The BSA’s study can be found here on their Website. To combat this growing threat to copyright and trademark owners in the software industry, the Whitehouse has committed itself to fighting these criminal violations of trademark and copyright-infringement. Right now the Obama administration is taking steps in an effort to protect intellectual property owners from copyright and trademark infringement. The Obama administration is working across agencies and nations to stem the flow of civil and criminal violations which in 2009 cost the worldwide technology industry $51 billion in software piracy alone.

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