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Cohen Law > Blog (Page 12)

Chinese Apple Counterfeits Stores Popping Up

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...

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Lamborghini Trademark Infringement Lawsuit

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...

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Sprinkles Cupcakes Wages Trademark Lawsuit

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...

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DJ Pauly D Trademark Infringement

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...

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

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...

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Hangover Copyright Infringement of Tyson Tattoo?

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...

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

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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Jay Z’s Trademark Battle with Volcom

Apparently, Orange County-based surf/skate company Volcom finds Jay Z’s Roc Nation label’s logo a little too close for comfort. The clothing designer recently filed a trademark infringement suit (Volcom Inc. (VLCM), v. Roc Nation LLC, 8:11-cv-00489-JST-FFM, U.S. District Court, Central District of California). The suit arises over the use of an inverted “double diamond” design common to both logos. While it’s true that Volcom, Inc. has priority of use with the logo (since 1991), Roc Nation claims its logo is unique and not an infringement. According the article on Bloomberg.com, Volcom has asked Beverly Hills-based Roc Nation to cease and desist...

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Twitter Alleges Trademark Infringement

Recently, Twitter suspended two of its affiliates Twidroid and Uber Twitter for alleged trademark infringement and privacy violations. The interesting thing is that it appears that UberMedia, the owner and operator of the third-party Twitter applications Twidroid and Uber Twitter, is buying up a roster of apps that may possibly compete with Twitter in the future. The company started as a client of Twitter that provided applications to enhance Twitter’s functions. Carolyn Penner, official spokesperson for Twitter issued this statement, which seems to downplay the suspension: “We ask all developers in Twitter ecosystem to abide by a simple set of rules that...

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Thomas Edison’s Birthday

Happy Birthday! To Thomas Alva Edison that is. Who knew his middle name was Alva? He is 164 year old this year today, so Google has celebrated his B-Day with a doodle encapsulating his best inventions. Google has been known to use some interesting logos on particular holidays or other special days. Edison’s birthday is one of those days using his inventions such as the phonograph and lightbulb. Happy Birthday Mr. Edison, you are remembered as one of America’s greatest inventors, scientist, and businessman that created inventions that shaped and changed the United States and the world. Los Angeles Trademark Lawyer...

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