28 February

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Copyright-Infringing Artist May do Hard Time

Posted by Michael

Is it possible to do jail time for copyright infringement? If you destroy and falsify discovery information during your federal trial, the answer is yes. You are probably familiar with the iconic Obama posters from the 2008 election. The hugely successful posters were created by Los Angeles artist Shepard Fairey. Fairey based the image off a copyright-protected image, owned by the Associated Press. In 2009, perhaps in a preemptive move, Fairey sued the Associated Press in Federal Court, seeking a declaration that the poster constituted “Fair Use.” The AP countersued. Fairey claimed he had used a certain image of Obama...

16 February

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Proview Trademark Litigation with Apple Continues

Posted by Michael

in Litigation, Trademark

The trademark dispute between Apple and the Chinese company, Proview Technologies, is intensifying. If you remember, Proview secured the trademark for “iPad” in China back in 2000. The chain of events is not clear, but the core of the dispute is whether Apple ever obtained a proper license or acquired the use of the iPad trademark in China from the correct owner. Proview Officials in the Chinese province of Hebei seized Apple iPads from store shelves, as the battle over the iPad name in China continues to roll along. Proview Technologies has continued to put roadblocks in Apple’s way, filing complaints...

15 February

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Super Lawyers Michael N. Cohen, Rising Star 2012

Posted by Michael

in Litigation, Patent, Trademark

Cohen IP Law Group, P.C. is pleased to announce the nomination of Michael N. Cohen for inclusion in the 2012 Southern California Rising Stars Super Lawyers® publication. Super Lawyers® is a listing of outstanding lawyers from more than 70 practice areas who have attained a high-degree of professional achievement. The selection process is multi-phased and includes independent research, confirmation that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list. In addition to a general survey, an attorney-led research team reviews...

09 February

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Apple Trademark Infringement in China Again

Posted by Michael

in Litigation, Trademark

The Shenzen, China-based company called Proview Technology is still after Apple, claiming that Apple is illegally selling iPads in China. A new suit against Apple for trademark infringement was filed a few days ago, as Apple appealed a recent Chinese court decision in favor of Proview. According to lawyers for Proview, Apple only bought the rights to iPad outside of China, but Proview still owns the mark in China. Apple officially began selling the iPad in China in September 2010, after months of gray market activity amid eager buyers and sellers. But the launch was short lived and problematic due to the trademark...

31 January

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China Trademark Dispute with Apple: We Own the iPad Trademark

Posted by Michael

in Litigation, Trademark

Trademark lawyers are known to be zealous advocates for their owners' marks. But Apple’s lawyers will not quit by appealing the court ruling in China that rejected its ownership of the iPad trademark in that country. Last month, the Higher People’s Court of Guangdong Province ruled that a local company, Proview International actually owns the trademark in China. According to Apple, they bought the rights to the name legally from a UK-based company known as I.P. Applications. I.P. Applications had previously purchased the mark from a Proview subsidiary in Taiwan. But the Chinese court ruled that the Proview subsidiary did...

12 September

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Twilight Domain Name Cybersquatting

Posted by Michael

in Domain, Litigation

It could be argued that twilight.com’s owner Tom Markson simply likes the movies, books, and whole Twilight franchise and has no intention of cybersquatting. But Summit Entertainment, the very lucrative Twilight Franchise’s owner isn’t buying that argument. Mr. Markson is in no way related to Summit Entertainment, and has owned the twilight.com web site since 1994, far before the rise of the Stephanie Meyer books, and their Hollywood versions. Twilight.com is being sued by Summit Entertainment for copyright and trademark infringement. But Markson’s argument seems a little flimsy considering there are Adsense ads on the page, and he’s probably made at...

26 August

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Hells Angels Trademark Infringement

Posted by Michael

in Litigation, Trademark

A Hollywood clothing manufacturer, Wildfox Couture, LLC is being sued by Hells Angels Motorcycle Corporation, otherwise known as Hells Angels. Although the name Hells Angels may seem generic, or at least non-corporate, they own the registered trademark and aren’t afraid to defend it. According to a story in the L.A. times on Tuesday, this suit is the latest in a long string of Hells Angels trademark cases. It was filed as Hells Angels Motorcycle Corporation v. Wildfox Couture, LLC and Amazon.com, et al 2011-cv-11-4141 PSG, in the U.S. District Court for Northern District of California. According to Hells Angels attorney Fritz...

17 August

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Louboutin’s Trademark Suit Against YSL

Posted by Michael

in Litigation, Trademark

Can a color be trademarked? The answer is it could be. Trademark registrations have been granted for colors in the past. (See here for the USPTO’s standard). But it appears, for shoe designer Christian Louboutin, the answer is…no. Louboutin has been making shoes for the last few years with a trademarked “lacquered red sole.” The ubiquitous soles have turned up on many a red carpet, on the feet of many a celebrity. In fact, as CNN.com reports, even Jennifer Lopez has a song that mentions Louboutin’s in the lyrics. But recently, fellow shoemaker and competitor Yves Saint Laurent announced a...

06 August

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Bratz Trade Secret Litigation $309 million

Posted by Michael

in Litigation, Trademark

As an update to the Bratz litigation, the Court has ordered Mattel, Inc. to pay MGA Entertainment $309 million. In one of our prior posts which can be read here, Mattel initially sued MGA for trade secret and copyright infringement over the popular Bratz dolls, and received a judgment against MGA in 2008. However, in a reversal, the Court then issued a judgment against Mattel finding them liable for trade secret misappropriation. Now, the Court has finalized its judgment as follows: $85 million, plus another $85 million in punitive damages for trade secrets misappropriation. Plus another whopping $137 million was...

21 July

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Lamborghini Trademark Infringement Lawsuit

Posted by Michael

in Litigation, Trademark

The Italian car maker Lamborghini wasted little time in filing a lawsuit (US District Court, State of Nevada, Case No. 2:11-cv-01154-ECR –RJJ) against the Palazzo resort in Las Vegas. The Palazzo recently opened an exotic car showroom, an Italian restaurant, and a merchandise gallery called Dal Toro. The Dal Toro logo bears an all-too-similar resemblance to Lamborghini’s classic raging bull logo. According to the Las Vegas Sun, the suit claims that the logos are “studied imitations of the Lamborghini trademarks.” The owner of these businesses, Lorenzo Barracco, seemed unconcerned with the trademark infringement suit, and called it frivolous. But the fact...