13 April

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Ebay Trademark Infringment of Tiffany

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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

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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

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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

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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

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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

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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

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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...

12 March

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AMEX Black Card Trademark Infringement

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in Litigation, Trademark

American Express’s Centurion Card, also known as the “black card” has become an iconic status symbol in American pop culture. The card has no limit and a whopping 2,500 annual fee. Introduced in 1999, the card quickly gained attention in books, rap songs, and TV shows. American Express really had a hit on their hands. But they didn’t trademark it. Visa actually owns www.blackcard.com, more recently in mid 2009, granted issuance of a registered trademark for Black Card. Last month, Amex filed a complaint with the New York district court, alleging that Visa has: “perpetrated a scheme to confuse the public and...

09 March

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Baseball Trademark Infringement Slugout with Major League and Upper Deck Trading Cards

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in Litigation, Trademark

Last week, Major League Baseball settled a trademark infringement case against the Carlsbad, CA based trading card company, Upper Deck. Upper Deck failed to completely eliminate the MLB logo from some lines of their 2010 baseball cards. Although Upper Deck’s 2010 baseball cards did not display MLB’s logo on any of its packaging or cards, the logo was visible in certain photos, on several of the players’ uniforms and hats. Upper Deck failed to airbrush off the logos. And yes, even a minuscule MLB logo on a player’s hat is still a trademark. Exclusive rights to a trademark mean exclusive rights. In...

04 March

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Trek Trademark Infringement…Dismissed!

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in Litigation, Trademark

In true David vs. Goliath style, an obscure California winery held its ground in court yesterday against Trek, the largest U.S. manufacturer of bicycles and related products. Novato-based Trek Wines was sued by Trek Bicycle Corporation in October 2009 for trademark infringement, in the matter of Trek Bicycle Corporation v. Trek Winery, LLC, in the Western district court in Wisconsin. Trek Bicycle Co. accused the winery of federal and state trademark infringement when three cases of their wine made it to Wisconsin (Trek bikes’ home state) last year. U.S. District judge Barbara Crabb granted Trek Wine’s motion to dismiss, stating that...

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