17 June

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Copyright Litigation May Commence Without First Obtaining Registration

Posted by Michael

In order to commence a copyright infringement action in federal court, under 17 U.S.C. § 411(a), makes registration of a copyright a prerequisite prior to bringing an infringement suit. But in a May 2010, Court of Appeals for the Ninth Circuit case, Cosmetic Ideas, Inc. v. IAC/Interactive Corp., has held otherwise. The case was an appeal from a U.S. District Court, California Central District case in which Cosmetic Ideas, Inc. sued the Home Shopping Network for copyright infringement involving a necklace. Cosmetic Ideas submitted a copyright application for a necklace, and then sued HSN before getting an official registration from...

15 June

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Dr. Dre’s Trademark Cause of Action Gets Dismissed

Posted by Michael

in Litigation, Trademark

When hip-hop label Death Row was acquired by WIDEawake in 2009, they promptly decided to re-issue some Death Row greats, most notably Dr. Dre’s 1992 album ‘The Chronic’ in the ‘Re-Lit’ album/DVD set. Dr. Dre was not part of the re-issue process, and quickly sued WIDEawake Entertainment Group, Inc. In the United States District Court for the Central District of California (case no. 10cv01019), Dr. Dre sued for royalties owed, but also for trademark infringement, trademark dilution and false advertising, citing the Lanham Act, among other statutes. But a federal judge threw out the trademark-related portions of the claim last week (with...

26 May

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Top Trademark Attorney 2010: Cohen IP Law Group, PC

Posted by Michael

in Copyright, Patent, Trademark

Once again, the Cohen IP Law Group, PC has ranked among the top trademark firms in the nation in the recent May 2010 issue of IP Today Magazine. Intellectual Property Today Magazine is a prominent monthly publication focused on legal issues in patent, trademark and copyright law. Los Angeles Trademark Lawyer...

13 May

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Tommy Burger Trademark Infringement Family Affair

Posted by Michael

in Litigation, Trademark

Trademarks are valuable property. Business partners, friends, and even family members can be split over trademark rights. Take the case of Original Tommy’s World Famous Hamburgers here in L.A. When the original Tommy Koulax died in 1992, he left the franchise in the hands of some of his children and relatives. According to an article in today’s Los Angeles Business Journal, one of his children is trying to start up a Tommy’s-inspired company, and apparently breaking some family ties doing it. What made Tommy’s world famous was arguably its chili, not hamburgers. In fact, Tommy’s chili recipe is protected by a...

05 May

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Jessica Seinfeld Copyright Infringement Battle Over Cookbook

Posted by Michael

in Copyright, Litigation

Last week, a federal appeals court upheld the previous decision of a lower court in the Jessica Seinfeld cookbook case. Jessica (Jerry Seinfeld’s wife) was sued for both trademark and copyright infringement by Missy Chase Lapine, author of “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals.” Jessica’s book is titled “Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food.” See the original lower district’s complaint here. It does seem a bit close for comfort, but two judges have now ruled that Jessica’s book is not a copycat. According to Judges Reena Raggi and Peter...

04 May

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Patent Application Video by Michael Cohen

Posted by Michael

in Patent

Patent Law: Patent Law Basics Los Angeles Trademark Lawyer...

30 April

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Craigslist awarded $1.3 million judgment in copyright infringement case

Posted by Michael

in Copyright, Litigation

Last week, Craigslist sent a clear message to sites offering third-party posting software. Powerpostings.com, owned by one Igor Gasov, had been offering customers the ability to post (including multiple postings) and manage ads on Craigslist. Craigslist sued them for copyright infringement, referencing the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act, and trademark law. The defendants didn’t contest, and Craigslist was awarded a $1.3 million judgment. In the past, other companies have offered Craigslist posting software, but Powerpostings took it too far. They also offered listing agents, who would post ads for customers, and they used false email addresses...

16 April

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Dental Design Patent and Trademark Infringement: Discus v. Biolase

Posted by Michael

in Litigation, Trademark

Discus Dental and Zap Lasers, makers of surgical laser instruments, and cofounded by Dr. Dorfman, notable from his ABC’s Extreme Makeover show, filed a complaint in the U.S. District Court for the Central District of California against a company called Biolase, which makes an “iLase” cordless medical laser. The claims were made against Biolase after it began to market its iLase product for sale in the U.S. in March. According to the Complaint, the issue involves Discus’ product the Styla, which is a hand-held cordless soft-tissue laser device, U.S. Patent No. D587,803. Discus claims patent infringement of the design of the...

14 April

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True Blood Wine Stirring Trademark Trouble

Posted by Michael

in Litigation, Trademark

In 2008, HBO created the hit show True Blood, which has since become the most watched show on HBO since the Sopranos. Years before the show, in 2002, TI Beverage Group created True Blood wine, and registered the trademark. TI beverage group must have found it interesting that the HBO program featured a fictional drink called Tru Blood. They weren’t amused, however, when HBO and Hot Topic paired up in 2009 to produce a drink called Tru Blood, based on the show and made from blood oranges. TI’s trademark infringement lawsuit against HBO and Hot Topic was dropped though, after...

13 April

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Ebay Trademark Infringment of Tiffany

Posted by Michael

in Litigation, Trademark

New York based jeweler Tiffany & Co. have been hard hit by a ruling from last week, in a case against Ebay for trademark infringement. A district appellate court ruled that Ebay “did not engage in trademark infringement, false advertising or trademark dilution.” Apparently, Tiffany conducted research that indicated around 70% of Tiffany’s merchandise on Ebay was fake. This led to the current legal dispute, and Tiffany & Co. wants Ebay to assume responsibility for selling counterfeit merchandise. But Ebay says they’re doing all they reasonably can to deter the sale of counterfeit goods. Selling counterfeit merchandise on Ebay is officially...

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