A case in the Northern District of California was notable for the way it ended, as opposed to its otherwise straightforwardness. Leftfield Holdings v. Google was a class action started on behalf of several restaurateurs of Mexican food who accused Google of trademark infringement, counterfeiting, false association, and false advertising. This was a motion to…
UFO Magazine, Inc. v. Showtime Network, Inc. involved a plaintiff’s second attempt to convince the District of Wyoming to hold Showtime liable for infringing the trademark UFO. The work in question was UFO, Showtime’s documentary-style television series by JJ Abrams. UFO Magazine has been publishing since 1998. One of the latest ideas the magazine was…
TTAB rulings are sometimes less exciting than cases we pluck from the federal judiciary — but this one involves Prince and the mark PURPLE RAIN. NPG Records (NPG) and Paisley Park Enterprises (Paisley Park) filed an opposition to the attempt of Bang Energy Drink to register the mark PURPLE RAIN for the sports supplements and…
We normally don’t deal with patent cases at Kaufman & Kahn, but a case from New Jersey’s state court system caught my eye. Tormasi v. NJ Dept of Corrections provides a window into New Jersey’s correctional system and the treatment of pro se, would-be litigants. The underlying issue — which was not addressed in this…
In International and Hermès of Paris v. Rothschild, the famous Birkin bag served as a device to trigger the plot in a lawsuit about trademarks, first amendment rights, and talking too much. The defendant is a self-styled marketing strategist and entrepreneur who comes from the fashion industry. Before the events in this lawsuit, he created…
Dueling food options faced off in the Eastern Division of the Northern District of Illinois in Grubhub v. Kroger Co. This case was notable because it had been delegated to a magistrate judge, and the district judge rejected the subsequent report and recommendation. Kroger is a mega-corporation that owns several supermarket chains across the U.S.…
Wrigley v. Terphogz LLC is a case from the Northern District of Illinois — despite all of the defendant’s efforts to have it moved to California. The case represents a sort of coming of age of the cannabis industry, a reminder that being taken seriously comes at a cost. Terphogz is a California company that…
Copyright and trademark lawyers were closely watching a case involving the Phillie Phanatic baseball team mascot called The Phillies v. Harrison-Erickson Inc. Even though the case settled in mid-October, the decision addressed whether copyright registration in a team mascot and its costume could be terminated and renegotiated during the “termination” window provided in U.S. Copyright statute. …
The bigger picture was not on display when Samuel Kerson completed two murals at the University of Vermont Law School (VLS). Titled “Slavery” and “Liberation,” the works were immediately controversial. Throughout the murals’ tenure, students complained about the caricature-like depiction of the victims of slavery. After the murder of George Floyd, the law school began…
In K & K Promotions, Inc. v. Walt Disney Studios Motion Pictures, legendary stunt performer Evel Knievel posthumously crashed headlong into the District of Nevada with trade dress infringement and right to publicity complaints. Knievel’s estate took issue with a character reminiscent of him in the film Toy Story 4. K & K Promotions, the…