Trademark Law

Around the Blawgosphere: Ex-Gov. Crist’s PI TV Ad; Brewing Instead of Suing; Blogging on an iPad

Governor-Turned-P.I. Lawyer’s TV Ad Charlie Crist, who ended his term as Florida’s governor in January, has since joined Florida personal injury firm Morgan & Morgan. At New York Personal Injury Law Blog, Eric Turkewitz notes a TV ad featuring Crist (that has already had more than 35,000 hits on YouTube)…

May 6, 2011 1:30 PM CDT

Do You Ever Notice Copyright / Trademark Infringement? Does It Bother You?

You’re missing out if you haven’t visited Regretsy—a blog that for the last year or two has found humor in products sold, and how said products are sold, on Etsy.com, a Web store that features (allegedly) handmade and vintage goods. Among Regretsy’s 30-some categories is Copyright Infringements, which points to…

May 4, 2011 4:00 PM CDT

Proposal to Make It a Crime to Buy a Fake Designer Bag in New York City Sparks Criticism

Chinatown is known for its cheap knockoffs of pricey designer handbags. But a New York City councilwoman whose district includes the neighborhood wants that to change. So Margaret Chin is planning to introduce a bill soon that would make it a crime, punishable by a $1,000 fine, to purchase a…

Apr 27, 2011 6:47 PM CDT

Regulators Ignoring Internet’s Real Effects, Lessig Says, and Free Exchange Suffers

Although patently obvious to innovators like Facebook’s Mark Zuckerberg, Napster’s Sean Parker and IP geolocation pioneer Cyril Houri, most regulators refuse to accept that the Internet has fundamentally changed the exchange of shared content, says ABA Techshow 2011 keynoter Larry Lessig. This mindset to force regulation without regard for the…

Apr 12, 2011 1:54 PM CDT

Louboutin Hopes to Stomp Out Rival’s Red-Soled Shoes with Trademark Suit

Christian Louboutin is standing up to Yves Saint Laurent with a suit contending its rival violated its trademark by selling red-soled shoes. Louboutin introduced red-soled shoes in 1992 and obtained a trademark for the sassy soles in 2008, Bloomberg News reports. The designer’s “first conception of this idea occurred when…

Apr 8, 2011 4:05 PM CDT

Legal Blog Sues Publisher to Invalidate Trademarks on ‘BigLaw’ and ‘SmallLaw’

Law practice blog Lawyerist filed a lawsuit in Minnesota federal court Monday against Peerviews Inc., which publishes the blog TechnoLawyer and a number of email newsletters, to invalidate its trademarks on the terms “BigLaw” and “SmallLaw.” On Feb. 24, Fish & Richardson sent the Lawyerist blog a take-down notice on…

Mar 22, 2011 7:50 PM CDT

Trademark Applicants Hope to Be Winning! and Selling Adonis DNA

Charlie Sheen’s unusual phrases are spurring a race to the U.S. Trademark office by entrepreneurs hoping to cash in. The Hollywood Reporter’s Hollywood, Esq. lists some of the recently registered phrases, including: • Tiger Blood TV, by a video website that tracks Sheen’s appearances. • The Magic Charlie Ball, by…

Mar 18, 2011 11:00 AM CDT

9th Circuit: Savvy Online Software Shoppers Not Misled by Rival’s Use of Trademarked Keywords

A federal appeals court has found that consumers were not likely to be misled by an online software advertiser that purchased a trademarked keyword of its competitor. In its ruling yesterday, the San Francisco-based 9th U.S. Circuit Court of Appeals vacated an injunction that had barred Network Automation from buying…

Mar 9, 2011 4:44 PM CST

Lady Gaga Threatens Suit re ‘Baby Gaga’ Human Breast Milk Ice Cream Sold at UK Eatery

News reports that a London eatery was selling “Baby Gaga” ice cream made of human breast milk initially sparked health concerns and scrunched-up faces from those to whom the product seemed a bit disgusting. But now the nearly $23 dish sold briefly by the Icecreamists has another objector—Lady Gaga. Not…

Mar 7, 2011 11:36 PM CST

Publisher Asserts ‘SmallLaw’ Trademark, Demands Blog Remove Post or Alter Headline

Last month, the legal blog Lawyerist reported on the creation of two new columns at the blog Above the Law aimed at the small-firm world. Its headline on the post? “Above The Law Goes Small Law.” But within 10 days of that post, Lawyerist received a take-down notice (PDF posted…

Mar 1, 2011 9:35 PM CST

Google Fights to Keep Documents Secret in Trademark Appeal

Google is famous for bringing information to the Internet, but it’s fighting to keep several documents secret in a pending appeal. Language software maker Rosetta Stone appealed to the Richmond, Va.-based 4th U.S. Circuit Court of Appeals after a federal judge ruled for Google in a trademark dispute, Bloomberg reported…

Feb 23, 2011 11:29 AM CST

Subway Sued by Midwest Chain Asserting Right to Advertise Its ‘Footlong’ Sandwiches

A legal dispute in Iowa has some of the trappings of high school: food fights and grammar debates. The legal clash revolves around whether “footlong” is a noun that describes Subway sandwiches or an adjective that can be used to describe any 12-inch sandwich, the Des Moines Register reported. Iowa-based…

Feb 16, 2011 10:54 PM CST

Suit Accuses Coach Inc. of Improper Crackdown on eBay Handbag Sellers

A woman who tried to sell her Coach handbag on eBay is suing the company after its lawyers accused her of selling counterfeit goods and threatened her with a $2 million penalty. Gina Kim says she purchased the $428 handbag with her employee discount when she worked at a Coach…

Feb 11, 2011 5:51 PM CST

Binder & Binder Awarded $292K; Suit Claimed Google Competitor Purloined Its Name

The law firm Binder & Binder has been awarded $292,000 in a trademark infringement suit against a competitor that paid Google to have its ad appear when people searched for the Binder name. U.S. District Judge George King of the Central District of California ruled that the Disability Group Inc.…

Feb 10, 2011 5:23 PM CST

Sarah Palin and Daughter, Bristol, Seek to Trademark Their Names

Former Alaska governor and onetime vice presidential candidate Sarah Palin is reportedly seeking to trademark her name. And so is her daughter, Bristol, who has become something of a celebrity in her own right. The move is traditionally unusual for a politician. However, both women have made a name for…

Feb 5, 2011 1:51 AM CST