Posts Tagged ‘Trademark-Infringement’

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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2 Men Charged with Trademark Infringement for Selling Wood as Laptops

Monday, 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.

trademark infringement attorneysThe 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 »

Free Download Links for Firefox Web-Browser Used as Traps on some German Websites

Monday, 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.

trademark infringement attorneyHowever, 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!”

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The Naked Cowboy Threatens The Naked Cowgirl with Trademark Infringement Lawsuit After She Refused to Become a Franchisee

Thursday, 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.

trademark infringement attorneyIn 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.”

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Trademark Infringement Update: Court Imposes Preliminary Injunction Against Producers of Cake Boss TV Show

Thursday, 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.

trademark infringement attorneyOn 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.

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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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Pfizer Helps Bring Down Phony Viagra Kingpin in Trademark Infringement Settlement

Monday, July 12th, 2010

Martin Hickman was formerly a kingpin with a very visible portfolio; a villa on Spain’s Costa del Sol, a Bentley, a diamond-studded Rolex and a flat in London were prominent display pieces of his newly acquired wealth. Hickman utilized some 150 Websites to sell more than $10.4 million worth of counterfeit pills (mostly the widely recognized and counterfeited E.D. medication Viagra) between 2003 and 2007.trademark infringement

However there is was a hitch in Hickman’s plan; the pharmaceutical giant Pfizer is prosecuting individuals and companies benefitting from the sale of counterfeit drugs.

Pfizer’s chief security officer, John Clark, stated that, “the point is to make them realize that there’s no sense from a business perspective in counterfeiting our products, because if we find you, we’re taking your money away.”

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