26 August

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Hells Angels Trademark Infringement

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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

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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

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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...

27 July

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Chinese Apple Counterfeits Stores Popping Up

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in Trademark

Local officials from Kunming, the capitol city of the province of Yunnan, China, have begun to crack down on the much-publicized “fake” apple stores that came to light last week. Two of the five stores have been shut down by the local industry and commerce administration. According to China Daily’s U.S. edition, the remaining 3 stores are awaiting a response from Apple as to whether or not they may continue operating. Apparently, so far the products sold in the store have not been alleged to be counterfeit products. But the store itself is unauthorized, thus selling gray marketing goods. This is...

21 July

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Lamborghini Trademark Infringement Lawsuit

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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...

19 July

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Sprinkles Cupcakes Wages Trademark Lawsuit

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Sprinkles Cupcakes gained huge popularity due to its delicious cupcakes and also to a helping hand from the PR gained from getting on the Oprah Winfrey and Martha Stewart show. The company which has locations in Beverly Hills, Chicago, New York and throughout the country, is taking aim at a newer store which opened in 2009, called Pink Sprinkles . Sprinkles Cupcake, owned by Candace Nelson, a celebrity judg e on the reality television show Cupcake Wars, has filed a lawsuit for trademark infringement and under the Anti-cybersquatting Consumer Protection Act (regarding the domain name it uses) in the U.S. District...

07 July

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DJ Pauly D Trademark Infringement

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in Litigation, Trademark

Several of MTV’s ‘The Jersey Shore’ stars have been applying for trademarks to be used in product lines of different varieties. The use of celebrity trademarks has been an increasingly-popular way to try and capitalize on minor-league fame. But apparently, Jersey Shore star DJ Pauly D will have a harder time than most. Unfortunately for him, there is already a “DJ Paulie D” who has had a registered trademark with the USPTO since 2008. The reality show star has applied for a trademark 3 times, and been rejected for likelihood of confusion. To make matters worse for the MTV star, the...

28 June

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U.S. House Passes Much-Needed Patent Legislation Bill

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The USPTO’s chronic backlog problems and painfully slow registration process may soon be remedied. Last week, the House passed a bill that should speed up the patent process by doing two things: 1 – Making the first person to file a patent application the undisputed owner of patent rights, not necessarily the party who invented the idea, and 2 – Allowing all fees collected by the USPTO to be used by the USPTO, instead of being diverted into other agencies. Previously, if a person could demonstrate in court that he or she was the first person to invent an embodiment of...

26 May

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Hangover Copyright Infringement of Tyson Tattoo?

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in Copyright, Litigation

The Hangover: Part II, set to hit theaters this Thursday, will not be hampered by a copyright infringement lawsuit, at least for now. The tattoo on Mike Tyson’s face was done by tattoo artist S. Victor Whitmill, and Whitmill’s work is distinct enough that he doesn’t want anyone copying it. That includes Ed Helms’ character, in the second installment of the Hangover saga. The problem is that Helms’ tattoo wasn’t done by Whitmill, and he claims Warner Bros. took unlawful liberty in reproducing his distinct style on someone else’s face. Someone else’s high-profile face, that is. The tattoo factors highly...

27 April

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Bratz’s Copyright Infringement Trial Comes to an End…For Now

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in Copyright, Litigation

After more than seven years, 70 witnesses, and thousands of exhibits, a verdict has been reached in the roller-coaster “Bratz” dolls trial. The trial (Bryant v. Mattel, 04-09049, U.S. District Court, Central District of California) pitted toy making giants Mattell, Inc. against Van Nuys based MGA Entertainment, Inc. over the rights to the wildly popular line of Bratz dolls. Mattell originally filed its lawsuit accusing MGA of stealing trade secrets and copyright infringement seeking. MGA began manufacturing the dolls after toy designer and former Mattell employee Carter Bryant sold them the idea in 2000. Mattell claimed that Bryant thought of...

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