30 April

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Craigslist awarded $1.3 million judgment in copyright infringement case

Posted by Michael

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...

06 April

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M&M Trademark Infringement with Zorro

Posted by Michael

in Litigation, Trademark

From time to time, the Mars candy company teams up with entertainment execs to market M&M’s dressed as iconic Hollywood characters. Apparently, they didn’t team up with Zorro Productions, Inc (“Zorro”). Zorro is suing Mars (and ad agency BBDO Worldwide) in the U.S. District Court of Northern California for trademark infringement, unfair business practices, and dilution under the Lanham Act. Last fall, Mars used the famous masked character in its Halloween advertising, with a “Zorro M&M.” But Zorro, Inc., alleges that the Zorro character is protected under trademark and trade dress law, and that Zorro is famous, whether for movies, costumes,...

29 March

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Green Day Copyright Infringement of Scream Art

Posted by Michael

in Copyright, Litigation

Immediately following a Green Day concert in LA last August, local artist Dereck Seltzer began receiving calls and emails, alerting him that his ‘Scream Icon’ art was being used as the backdrop to the show. Seltzer was surprised, since he had no previous contact with the band. Scream Icon was copyrighted by Seltzer in 2003. When he approached the band, complaining that they had used the art without regard for the registered copyright, they offered him concert tickets in settlement. Green Day continues to use artwork in promotional materials and backdrops. Seltzer filed a complaint in the Central District of Los...

26 March

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T.I.’s Clothingline Sued by Akoo for Trademark Infringement

Posted by Michael

in Litigation, Trademark

Recently, Akoo Clothing, launched by rapper T.I. (real name Clifford Harris, Jr.), received considerable media attention for a sexually explicit billboard in New Jersey that was protested and subsequently taken down. The publicity stunt may have backfired though, as the billboard also got some unwanted attention from Akoo International, a social music television network. Akoo International filed suit for trademark infringement against the clothing label Akoo, stating that they own the registered trademark and have used the name for years. Both parties operate in the music industry, and Akoo International was concerned that consumers could easily confuse the brands. “Our primary obligation...

24 March

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GM Trademark Infringement

Posted by Michael

in Litigation, Trademark

For years, private manufacturers that made replicas of classic sports cars have been tolerated by the auto industry. They create interest and foster goodwill towards automobile brands by idolizing certain models of cars. But according to an article in the Detroit News, GM is cracking down on one small time replica manufacturer, alleging trademark infringement. GM filed suit against Mongoose Motorsports LLC, an Ohio-based auto parts retailer and part-time manufacturer of the 1963 Corvette Grand Sport. The Grand Sport is one of the rarest and most valuable sports cars ever; only five were built. Mongoose Motorsports sells a replica Grand Sport...

17 March

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Trademark Rejection of Khoran Wine

Posted by Michael

in Trademark

Last week, a panel of five TTAB judges shot down an application for wines bearing the trademark name Khoran. The decision was made based on the trademark’s similarity with the holy text of Islam, the Koran. The panel rejected the application on the basis of disparagement. In re Lebanese Arak Corporation. In previous cases, the board has rejected marks that are belittling to a specific group of people. When filing trademark applications with the United States Patent and Trademark Office, applications can be rejected for a number of reasons, such as likelihood of confusion in view of an earlier filed application,...

16 March

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Cybersquatting of New Domain Names

Posted by Michael

in Domain, Trademark

Here’s some interesting news: The likelihood of cybersquatting remains high for .com’s but is much less ICANN’s new domains. According to a recent study by a top-level domain (TLD) consulting firm called Minds+Machines, internet domains other than .com (such as .net, .biz and .info) aren’t currently pursued by cybersquatters. Furthermore, the study suggests that the new assortment of generic top-level domains (gTLD’s), recently created by ICANN will not attract cybersquatters either. These domains include .mobi, .cat, .name, .asia, .pro, .tel and .travel. The study was conducted thusly: Minds+Machines examined domain name registration of more than 1,000 Fortune 100 brands. They reason...

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