Last week, the 9th Circuit found the University
of Arizona immune to counterclaims filed by trademark defendants accused of wrongfully selling prints called "Ansel Adams Lost Negatives." Ansel Adams Publ Rights Trust v. PRS Media
Partners, LLC , 2012 U.S. App. LEXIS 25896 (9th Cir. Cal. Dec...
In a case of first impression, the Eastern District of
Pennsylvania was recently asked to determine whether 35 U.S.C. § 24 provided courts with the power to issue
subpoenas in support of petitions to disqualify attorneys from Trademark Trial
and Appeals Board (TTAB) proceedings. Under
A Minnesota federal court rejected trademark and
cybersquatting claims levied against a borrower that created a website to warn consumers
about what it perceived to be a lender's fraudulent business practices. Jalin Realty Capital Advisors v. A Better
Wireless , 2013 U.S. Dist. LEXIS 2461 (D....
Value doesn't always equate to money. Remember those "Priceless"
It would be painful if "priceless" things could be forced out
of our lives, say for example, to pay a debt. Imagine if a court ordered you to
give up your child's finger paintings...
The Supreme Court yesterday refused to review a patent case that
resulted in a $185 million jury verdict for catheter maker, C.R. Bard Inc . W.L.
Gore & Assocs. v. C.R. Bard , 2013 U.S. LEXIS 626 (U.S. 2013) [ enhanced version available to lexis.com subscribers ].
The patent involved prosthetic...
Like the ancient Greek Hydra, the Kardashian sisters are a
kind of three-headed monster in the celebrity world. The Greek analogy is relevant
because the Kardashian sisters have been accused of some monstrous Greek
infringement. A make-up artist recently accused the Kardashian sisters of
Back in the '60s, Batman, as played by Adam West, starred in
a campy television show, complete with Burgess Meredith as the Penguin and Cesar
Romero as the Joker. The whole thing was made extra campy by the insertion of
comic book onomatopoeia (i.e., forming a word by imitating a sound) during...
At the dawn of Tim Tebow mania, so many eons ago, man became
infatuated with the art of "Tebowing." Like its predecessors "planking" and "moon
walking," Tebowing became a verb that would be with us for generations to come.
For those not in the know, Tebowing is the...
We love our college football, and we love our heavy metal,
but the two can't coexist according to the University of Texas (UT) - at
least in terms of hand signals.
University of Texas has sued Michael Weir d/b/a Horns Inc., accusing the apparel
designer of infringing UT's Hook 'em...
Red M&Ms, red Crayolas red Porsches - let's hope they
never end. But what about the famous red shoe battle between designers Christian
Louboutin and Yves Saint Laurent? You thought there was an end to that red
You might be wrong.
As reported by Law360 , the USPTO recently...
A collection of music companies will continue to defend themselves
against a mother who was once accused of copyright infringement after she
posted a YouTube video of her children dancing to a Prince song.
A California federal court refused to grant Universal Music
Corporation, Universal Music...
law , a person can't own an eagle. In fact, a person can't even own the
feather from an eagle. Federal law notwithstanding, nothing prevents a person
from owning the representation of an eagle, which is what American Eagle, the
fashion company, has done. American Eagle owns...
Boxing great, Floyd Mayweather, has sued The Wine Bistro New
Orleans, a bar, restaurant and nightclub, accusing the bar of unfair
competition, violating his right of publicity and trademark infringement.
The Wine Bistro is accused of posting print advertisements
as well as a YouTube advertisement...
The University of Oklahoma (OU) is suing Hugh Michael Glenn,
who registered the domain name soonernetwork.com and linked it to the image
of a longhorn, representing OU's rival the University of Texas.
The image also displayed the phrase "Go Longhorns!!!" and stated that the domain...
Rembrandt Social Media has sued Facebook and bookmarking service, AddThis,
accusing them of infringing patents related to the early creation of a web-based personal
The first patent, filed in 1998 and issued in 2002, claimed
a novel technology that gave "ordinary people" ...
Pro Bono Net, Inc. is accusing a Vietnamese domain name registrant of cyberpiracy
in conjunction with the registration of www.lawhelpny.org.
"Internet users are likely to be misled into believing that the website is affiliated with Pro Bono Net's LAWHELP services," the complaint argues...
A Board of Education in Maryland is attempting to exert ownership over the
copyrights of teachers, students and employees.
According to Fox
News , a proposed draft from Maryland's Prince George County Board would
provide the Board with copyright ownership in works "created by employees...
Hotels, coffee shops, restaurants, supermarkets, and other
commercial users of wireless internet - it might be time to take cover. A federal judge recently rejected several legal claims
filed by Cisco, Motorola and Netgear, paving the way for the continued enforcement
of Innovatio IP Ventures'...
The world's greatest detective could be yours free of
licensing fees as a recent complaint seeks to establish the boundaries of Sherlock
Holmes' entry into the public domain.
Yesterday, Leslie S. Klinger, the author and editor of
multiple Sherlock Holmes' articles and books, filed a...
The Court of Justice of the European Union (CJEU) has been
asked to provide a ruling on how EU copyright law applies to hyperlinks. Late last year, a Swedish court asked the CJEU :
If anyone other than the holder of
copyright in a certain work supplies a clickable link to the work on his
Red Sox fans - next time you ridicule the Yankees, you might
need to first apply for a trademark license to do so. And worst of all, you'll need to seek
that license from your subject of ridicule, the Yankees themselves.
The New York Yankees have successfully opposed registration of the trademark...
The story goes that Nike's "JUST DO IT" mark originated from
the 1977 execution of murderer, Gary Gilmore. Gilmore, who was executed by a Utah
firing squad, offered as his final words, "Let's do it."
As told in Jonah Lehrer's book, Imagine: How Creativity Works ,...
Okay, so Christmas' red-green motif isn't actually in
jeopardy, but the use of colors (in particular, red and green) as trademarks is becoming a reoccurring legal theme.
First, it was red.
In the case of Christian
Louboutin v. Yves Saint Laurent , the Second Circuit rejected , as inconsistent...
Under NCAA rules, boosters can't pay college athletes, but
apparently, the courts can.
The Houston Chronicle is reporting that the NCAA has determined
that Texas A&M quarterback and Heisman Trophy winner, Johnny Manziel, can
keep any potential earnings awarded in his recently filed trademark...
The NAACP has accused an unofficial Chicago branch of
infringing its trademark. In a complaint filed yesterday in the Northern
District of Illinois, the NAACP South Side Branch has been accused of trademark infringement, dilution, false advertising, and fraud.
"Defendants are engaged in a scheme...