Trademark Law

Cheesehead Owner Threatens Suit re Grim Reaper’s Headgear on Billboard Warning of Dairy Food Danger

The owner of the rights to the infamous Foamation triangular cheesehead worn by fans of the Green Bay Packers is demanding that a group of physicians rethink a planned billboard in which the Grim Reaper, wearing an apparent cheesehead, warns of the danger of eating the dairy food. “Warning: Cheese…

Sep 26, 2011 11:54 PM CDT

Heirs of Miles Davis Sue Miles’ Cafe Owner, Who Is Also a Trumpet Player Known as Miles

A New York restaurateur who allegedly claims Miles Davis appeared to him in a dream, leading him to take the legendary jazz musician’s first name and open a cafe using that moniker, is now a defendant in a lawsuit. Brought by relatives who inherited from Davis’ estate, the Manhattan federal…

Aug 31, 2011 9:28 PM CDT

Gilbert Arenas’ Tweets Help Doom His Legal Bid to Block ‘Basketball Wives’

Orlando Magic basketball star Gilbert Arenas has failed to obtain a preliminary injunction to block the airing of Basketball Wives Los Angeles, set to air for the first time on Monday. Arenas’ enthusiasm for Twitter helped doom his contention that his private life wasn’t a matter of public concern, according…

Aug 26, 2011 2:20 PM CDT

Wis. State Bar Sues LexisNexis over a ‘Strikingly Similar’ Pillar Logo

The State Bar of Wisconsin has filed an infringement suit against LexisNexis over its use of an online logo. The suit contends LexisNexis uses a logo on its Lawyers.com website that is “strikingly similar” to the bar’s pillar icon, the Milwaukee Journal Sentinel reports. Lawyers.com provides information about lawyers and…

Aug 23, 2011 12:07 PM CDT

Around the Blawgosphere: ‘Vaporizing’ Labor Law Statutes; Is Being an ‘Evil Empire’ Really So Bad?

Last Friday at Overlawyered, Cato Institute senior fellow Walter Olson posed this question: “If I could press a button and instantly vaporize one sector of employment law …” noting that he explains how he himself would answer that question on a symposium at Reason.com. What would he vaporize? Age discrimination.…

Aug 19, 2011 1:30 PM CDT

Red is Not Solely Louboutin’s Domain, Federal Judge Rules, Denying Injunction in Designer Shoe Case

A federal district court judge in Manhattan has ruled against Christian Louboutin SA in a hard-fought case over high-end red-soled women’s shoes. Judge Victor Marrero today denied the Paris-based fashion company’s motion for a preliminary injunction that would have barred top competitor Yves Saint Laurent from selling similar shoes while…

Aug 10, 2011 5:00 PM CDT

Mattel Ordered to Pay $225M in Punitives, Attorney’s Fees and Costs in Bratz Doll Case

A federal judge in Santa Ana, Calif., today nearly trebled the $88 million that Mattel Inc. was earlier ordered to pay a competitor in a hard-fought case over the rights to the popular Bratz doll line. Mattel must pay MGA Entertainment Inc. $85 million in punitive damages and $2.5 million…

Aug 5, 2011 12:55 AM CDT

Bottoms Up, Litigation Down: Microbrewers Forsake Litigation, Opt for Collaborative Blend

With hundreds of microbreweries churning out new craft beers every year, clever names are in short supply. So it’s hardly a surprise that two different brewers would end up selling a Belgian ale with the name Salvation. One or the other could have fired off a cease-and-desist letter. Or both…

Aug 1, 2011 8:00 AM CDT

Free for All: Urban Homestead Service Mark Spurs Trademark Scuffle

Photo of Jules Dervaes by AP Photo/Ric Francis. Trademark protection, takedown notices and petitions to invalidate trademark registrations may seem to be the stuff of big business, but a seemingly unlikely group of people is duking it out over an even unlikelier term: urban homesteading. The term refers to a…

Aug 1, 2011 7:50 AM CDT

Lawyer for YSL Points to Oz’s Dorothy in Red-Soled Shoe Case; Louboutin Injunction Unresolved

Can designer Christian Louboutin trademark a color? That essentially is the question in a hard-fought federal case over competing red-soled women’s shoes made by Louboutin and Yves St. Laurent. Argued Friday in the Southern District of New York, it hasn’t yet resulted in a ruling on the preliminary injunction sought…

Jul 25, 2011 10:44 PM CDT

Viatical Company Drops Suit Against ‘Twittersquatter’

A company that sued a so-called Twittersquatter for using its name to post sarcastic tweets has dropped its legal effort. Coventry First dropped the suit late Tuesday, according to Public Citizen’s Consumer Law & Policy Blog. Public Citizen had defended the anonymous person who used the @coventryfirst handle. (The author…

Jul 14, 2011 10:29 AM CDT

Europe’s Top Court Says eBay Could Be Liable in Sales of Counterfeit Goods

Europe’s top court has ruled that online auction sites such as eBay could be liable for trademark infringement if they actively promote counterfeit goods. The court ruled after L’Oreal alleged in a series of suits that eBay was liable for selling counterfeit goods and imported L’Oreal products not intended for…

Jul 12, 2011 11:31 AM CDT

Some Designers Say Their Work Deserves Copyright Protection; Others Say It Would Harm the Industry

Photo courtesy of Vera Wang and David’s Bridal It was the fall of 2003 when Giacomo Corrado purchased his very first pair of “stripper shoes.” Strolling in the Soho neighborhood of New York City, Corrado spotted a divine pair of Prada pumps and just had to have them. But Corrado…

Jul 1, 2011 9:30 AM CDT

Mongols Gang Can Keep Their Logo, Says Judge

Federal prosecutors lost their bid to seek control of a California biker gang’s name and logo, featuring a Genghis Khan-like figure riding a motorcycle. In a ruling made public today, U.S. District Judge Otis Wright of Los Angeles stated that he’s ruled in favor of the Mongols because the gang…

Jun 30, 2011 7:24 PM CDT

NBA Star Sues to Keep Ex-Fiancee Off of ‘Basketball Wives’ Reality Show

Orlando Magic basketball player Gilbert Arenas filed a federal lawsuit in Los Angeles on Monday to try to prevent his ex-fiancée from appearing in the upcoming reality series Basketball Wives: LA. In the suit, Arenas accuses Laura Govan and Shed Media US of trademark infringement, false advertising and misappropriation of…

Jun 27, 2011 7:13 PM CDT