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Charity Brawl: Nonprofits Aren’t So Generous When a Name’s at Stake

Wall St. Journal:  “As the leading breast-cancer charity, Susan G. Komen For the Cure helped make “for the cure” a staple of the fund-raising vernacular.  The slogan is so popular that dozens of groups have sought to trademark names incorporating the phrase . . . . Komen . . . launching a [...]

Billions of New Tax Forms Starting 2012: 40 Million Businesses Must Send IRS a Form 1099 to Every Party They Pay $600+ a Year

CNN Money:  “The new regulations, which kick in at the start of 2012, require any taxpayer with business income to issue 1099 forms to all vendors from whom they purchased more than $600 of goods and services that year. That promises to launch a fusillade of new paperwork: An estimated 40 million [...]

Injunction is No Great Leap for Court in “Skydive Arizona” Case

E-Commerce Law:  “On April 29, 2010, the United States District Court for the District of Arizona granted, in part, Plaintiff’s request to enjoin the Defendants’ use of certain trademarks and domain names related to skydiving in Arizona.  Skydive Arizona, Inc. v. Quattrocchi, 2010 WL 1743189 (D. Ariz. April 29, 2010).”

North Face & South Butt Settle Trademark Dispute

We are going to miss blogging about the North Face vs. South Butt trademark dispute because the parties settled the lawsuit.

Google Denied Trademark

The USPTO denied Google’s NEXUS ONE trademark for smartphones.  The USPTO decided that this mark was confusingly similar to a NEXUS mark owned by Integra Telecom.  Integra Telecom sells T1 internet equipment and related voice products to the tune of $60 million a year. Presumably, Google will fight this decision. But it need not [...]

Who Dat?, Inc. Sues NFL, Saints & State of Louisiana

theadvocate.com:  “Who Dat suing NFL Properties? And the New Orleans Saints? And the state of Louisiana? Who Dat?  Who Dat? Inc. filed suit in federal district court in Baton Rouge, alleging that the defendants wrongly damaged the firm’s right to profit in the weeks leading to the Saints’ Super Bowl championship last [...]

Lindsay Lohan Sues E-Trade for $100 Million Because Ad Used the Word Lindsay

Can you say bad publicity is better than no publicity?  Former actress and paparazzi favorite party-girl Lindsay Lohan filed a lawsuit that should be a lot of fun to follow.  She sued E-Trade over a commercial in which a baby had the audacity to say “Lindsay” without LiLo’s written permission.  Everybody knows [...]

Hyundai’s 2010 Super Bowl Commercial Gets It Sued for Trademark Infringement

Hyundai’s thirty second Super Bowl commercial could cost the company a lot more than the cost of production and TV air time.  Watch the video and see if you recognize the trademark allegedly being infringed.  Click here to see the name of the plaintiff that sued Hyundai for trademark infringement.  See the actual complaint.

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Chrysler Demands Florida High School Stop Infringing on Its Ram Trademark

From the bad PR or what where they thinking department. Orlando Sentinel:  “The old goat is back at Lake Mary High, and we are not talking about any former teachers or administrators.  No, it’s a staid and not so 2010 image of the school’s ram mascot that has shown up to reclaim [...]

Kermit the Frog’s Intellectual Property Rights

Do fictitious characters have intellectual property rights?  Yes argues Geoff Gerber of the Anchor Plate.  If you think you can profit from piggy-backing on the fame of Mickey Mouse, Luke Skywalker or Kermit the Frog, you may be asking for legal trouble.  For an interesting discussion of Kermit’s intellectual property rights, see [...]

The Heartstopping Lawsuit of the Day

Wall St. Journal:  “Well this should be interesting to watch. Two restaurants that unapologetically do harm to their patrons are now trying to do harm to each other.  The owner of an Arizona restaurant called Heart Attack Grill, an eatery that dishes up artery-clogging burger-and-fries, including the so-called Quadruple Bypass Burger . [...]

Two Greasy Grills Battle Over Trademark Involving Food To Die For

Arizona Republic:  “Former nutritionist Jon Basso [owns the] . . . Heart Attack Grill.  The grill is a medical-themed restaurant in Chandler that serves high-calorie foods and no diet drinks. . . .  Brasso has become embroiled in a federal lawsuit with the Heart Stoppers Sports Grill on Interstate 95 I-95 in [...]

Koss Settles Trademark Lawsuit Against Zounds

Phoenix Business Journal:  “Stereo headphone maker Koss Corp. settled a trademark infringement lawsuit against a Mesa [Arizona] company [called Zounds, Inc.] that used the Koss slogan ‘Hearing is Believing”.”

Westcor, Pediatrician Spar over ‘Prasada’ Name for Medical Practice in Surprise

Arizona Republic:  “A Sanskrit word meaning ‘gracious gift’ or ‘clarity’ has resulted in anything but for two Surprise business entities.  A doctor who recently opened his first practice, Prasada Pediatrics, is involved in a trademark-infringement dispute with Westcor, the developer of the master-planned community of Prasada.  Dr. Brian Lawrence Young, whose wife’s [...]

Trademark Nation: Who Dat Who Own Who Dat?

The Huffington Post:  “Had Saints fans chanted, ‘Who Are Those Who Claim They Can Defeat The Saints, Who Are Those?’ then perhaps the NFL would not have found itself in a trademark dispute last week, but instead the fans chanted, ‘Who Dat Who Say Dey Beat Dem Saints, Who Dat, Who Dat’, [...]

Don’t Mess with U of Texas’ Longhorn Trademark

Professor Eric Johnson:  “My alma mater, the University of Texas at Austin, has distinguished itself as a trademark bully, happy to squelch free speech in the pursuit of licensing revenues.  Here’s just one example: A couple years ago, they sued an outfit making t-shirts, sold to fans of rival Texas A&M, that depicted a [...]

Who Dat Owns ‘Who Dat’? Dat’s Us, Sez da NFL

Wall St. Journal:  “For decades, even through a multitude of dismal seasons, New Orleans Saints fans have belted out a cheer they say is as much a part of the fabric of their city as jambalaya and jazz: ‘Who Dat Say Dey Gonna Beat Dem Saints? Who Dat? Who Dat?’  Now some [...]

NFL Using Its Deep Pocket to Stop Vendors from Selling “Who Dat” Merchandise

Times-Picayune:  “Who Dat say?  The NFL say, that’s who.  And, listen up, the NFL ain’t kidding.  Those guys mean business. . . . storm troopers wearing uniforms carrying the label ‘NFL Trademarks’ were busy knocking on the doors of the Fleurty Girl T-shirt and the Storyville T-shirt Shop, demanding they cease and [...]

File Extensions Cannot be Trademarks

Internet Cases:  “One of the issues in the case of Autodesk, Inc. v. Dassault Systemes Solidworks was whether Autodesk could claim trademark rights and the letters ‘DWG‘.  The .dwg (‘drawing’) file extension is the native file format for Autodesk’s flagship product AutoCAD.  Plaintiff Autodesk moved for summary judgment on the trademark issue.  [...]

Epic Trademark Battle Erupts Between Makers of Competing Fart-Sound Software

Lowering the Bar:  “I think my iPhone is a great invention, made even greater by the many software applications that you can download for it. But as 95 percent of my cable channels demonstrate, even the greatest inventions can be put to utterly stupid uses.  Some of the best-selling iPhone apps fall [...]

ASU objection Flattens Pub’s Sun Devil Ale

Phoenix Business Gazette:  “The owner of a downtown Chandler microbrewery learned the hard way that you can’t name beer after the Arizona State University mascot.   Sun Devil Ale has been a hit at San Tan Brewing Co. for a couple of years, said owner and brewmaster Anthony Canecchia.  But a strongly worded [...]

It’s On: South Butt Creator “Little Jimmy Winkelmann” Fires Back at North Face

AM Law Daily:  “It’s one of the most chuckle-inducing trademark claims in recent memory: The North Face Apparel Corp. has sued 19-year-old University of Missouri freshman James Winkelmann for trademark infringement and dilution.  According to its motion filed in December in the U.S. district court for the eastern district of Missouri, The [...]

Michael Jordan Sues Advertisers for Trademark Infringement

Chicago Breaking Sports News:  “The next time local grocers Jewel and Dominick’s want to salute an accomplishment by Chicago Bulls great Michael Jordan, they might want to just send him a card instead.  Jordan, who led the Bulls to six championships and was inducted into the Basketball Hall of Fame last September, [...]

Bing Information Design Sues Microsoft for Bing Trademark Infringement

PC World:  “A small Missouri company with the word ‘Bing’ in its name has sued Microsoft for branding its search engine with the same word, alleging trademark infringement and unfair competition by the software giant.  Bing Information Design filed the case in a St. Louis circuit court this week, seeking damages including [...]

North Face Sues South Butt for Trademark Infringement

From the you were nothing until we sued you and gave you national attention that raised your sales big time department:  stltoday.com:  “The North Face made good on its threat to sue The South Butt.  The international apparel maker filed a federal lawsuit in St. Louis late last week alleging trademark infringement by The [...]

How to Lose a Cybersqatting Case against a Serial Cybersquatter

Digital Media Lawyer Blog:  “It seems unthinkable.  How can a business that has registered and used a trademark for a decade lose an ACPA case against a serial cybersquatter who has been adjudicated to have used the mark at issue in bad faith?  The fact is that it can and does happen.  [...]

Playboy Files Trademark Complaint Against Former ‘Lawyer of Love’ Columnist

Law.com:  Playboy filed “a trademark lawsuit against a Chicago-area attorney who once posed nude for the magazine and wrote an advice column before her contract with Playboy was terminated amid allegations of sexual harassment . . . .”

Court Gives Adware Maker WhenU Green Light

Cnet News:  “A federal appeals court overturned a ruling against adware maker WhenU that held it violated the trademarks of vision specialist 1-800-Contacts in the sale and distribution of pop-up advertising.  The ruling, delivered Monday by the 2nd U.S. Court of Appeals, reversed an earlier decision that confined WhenU from selling pop-ups [...]

Chamber of Commerce Sues ‘Yes Men’ for Fake News Conference

National Law Journal:  “A group of pranksters called the Yes Men is facing a lawsuit for impersonating the U.S. Chamber of Commerce at a news conference.  The Chamber is suing the Yes Men for trademark infringement, unfair competition, false advertising and cyberpiracy, according to the Wall Street Journal’s Washington Wire blog. The [...]

Subway Sues Subway Avenue for Trademark Infringement

Las Vegas Sun:  “The owner of the Subway sandwich empire is suing a Las Vegas restaurant for calling itself ‘Subway Avenue.’  Doctor’s Associates Inc. of Milford, Conn., franchisor of the Subway chain of sandwich shops, filed suit in U.S. District Court in Las Vegas last week against the Subway Avenue restaurant in [...]

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