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Trademark Lawsuit

 
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eBay wins trademark lawsuit against Tiffany
43 days ago

Source: www.wired.com --- 39 days ago
The Republican National Committee on Monday backed down on its threats to sue CafePress for allowing its online vendors to sell GOP-related merchandise. The GOP, however, said while it is backing off on litigation threats, it will demand vendors acquire licenses of shirts, stickers or other goods if they solely display the trademarked letters G-O-P or the trademarked GOP elephant. ...
Source: www.computerworld.com --- 38 days ago
American Airlines has dropped its Trademark-infringement Lawsuit against Google, and legal experts say it's a missed opportunity to get some clarity on the issue of trademarks used as online keywords. ...
Source: www.webmasterworld.com --- 41 days ago
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Source: www.palluxo.com --- 59 days ago
Apple has filed a Lawsuit against a Michigan iPod repair company, iPod Mechanic, alleging that it misused Apple’s “Pod” and “iPod” Trademark through the name of the business and its accompanying web site. The company said iPod Mechanic’s owner Nicholas Woodhams did not have permission to use the Trademark. ...
Source: www.gadgetell.com --- 43 days ago
Section: Web , Websites A decision by US District Judge Richard Sullivan has spared eBay of the damages of a Trademark Lawsuit filed by Tiffany, a popular luxury jewelry brand. The court has recognized the appropriate actions taken by eBay in removing the listings and suspending the service for sellers who offer counterfeit goods. It was also discovered that some of the goods thought to be “counterfeit” were actually legitimate, second-hand items. The judge’s ruling also points out that company that carries the brand should be the one responsible for protecting their brand from counterfeiting. Therefore, Tiffany is expected to be the party responsible for policing the sale of their goods. The court ruling expressed the over controlling action of Tiffany over online sales at eBay. Because of the result of the case, the perception is that the posters or sellers should be the one responsible for posting any good to offer online. It is not eBay who holds this accountability. Nicholas Sharp, an eBay spokeswoman claimed that, “The court ruling reaffirms we have been doing enough to keep counterfeit off the site.” Tiffany on the other hand, is displeased with the court decision, stating that the ruling was an “erroneous reading of the law,” as expressed by mark Aaron, a Tiffany vice president. eBay is a top online marketplace on the Internet that offers a virtual venue for sellers and buyers to interact for acquiring and selling goods. ...
Source: www.professionalwatches.com --- 45 days ago
[ via Reuters ] Tiffany & Co. filed a Lawsuit against EBay Inc four-years ago, the ruling was handed down yesterday, in favor of EBay. Tiffany & Co, among many other brands, has alleged that eBay turned a blind eye to the sale of fake "trademarked" goods on its site. EBay's position is that it is not legally required to determine which goods are knock-offs. San Jose, California-based eBay claims it takes down more than 90 percent of fake goods from its site within four hours of their posting after being alerted by Trademark holders. EBay may claim to take down 90 percent of the fake goods once alerted by Trademark holders, but if this were truly the case I do not think we would see so many lawsuits against the online auctioneer. EBay may not be able to police every seller on their massive site, however they can at least target the high volume counterfeiters. MORE ...
Source: www.wibw.com --- 45 days ago
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Source: www.kuathletics.com --- 43 days ago
A jury in Federal District Court in Topeka Monday ruled that three defendants willfully infringed upon trademarks owned by the University of Kansas. The Lawsuit involved T-shirts produced and sold by Larry Sinks, Victory Sportswear LLC and Clark Orth. The jury awarded KU $8,000 in unpaid royalties. The jury also required the defendants to pay to KU all of the profits from the infringing shirts, which amounted to approximately $119,000. ...
Source: blog.brandverity.com --- 46 days ago
While most lawsuits involving trademarks and search engine advertising identify the search companies as defendants, CNET recently covered a Lawsuit between two competitors that sell identity theft protection services. Namesafe, sued Lifelock in the federal district court of Tennessee for Trademark infringement and is seeking damages, attorney’s fees and an injunction against Lifelock. The ads in [...] ...
Source: seattletrademarklawyer.com --- 7 days ago
Ex- Sugarland founder Kristen Hall has sued her former band mates Jennifer Nettles and Kristian Bush. Her complaint , filed July 29 in the Northern District of Georgia, alleges claims for breach of an unwritten partnership agreement in which each member agreed to share equally in the country group’s profits and losses. As evidence of Ms. Hall’s ownership, her complaint alleges that she contributed the band’s “trade name, Trademark and service mark” by allowing Ms. Nettles and Mr. Bush to obtain “co-ownership in the Trademark and service mark, ‘Sugarland,’” as reflected in the parties’ federal registration for that mark. Now out of the band, Ms. Hall wants the profits the band has made following her departure. Word to the wise: musicians out there, if you don’t want to be treated as equal members — meaning equally responsible for the band’s profits and losses — you need a written contract saying so. And see how registering a Trademark in everyone’s names works in litigation? A good thing if you’re the ex-member looking for a cut of your former band’s success. But a lousy thing if you’re the one in the band having to write the check. As usual, the moral of the story is think about these things on the front end — before you make it big — so you won’t have an unwelcome surprise after you do. Thanks to Tamera Bennett for bringing this to my attention. Her post in Current Trends in Copyright, Trademark & Entertainment Law  here ; additional ...
Source: www.iptrademarkattorney.com --- 12 days ago
Los Angeles, CA – Trademark attorneys for Red Bull filed a Lawsuit at the Federal District Court in Los Angeles alleging Trademark and trade dress infringement, unfair competition under the Lanham Act (15 U.S.C. § 1125), and Trademark dilution. The complaint asserts that since Red Bull’s introduction in 1996, over four billion units have been sold in the United States and over one billion dollars have been spent on advertising, marketing and promoting the Red Bull energy drink. Red Bull has obtained Trademark registrations at the U.S. Patent & Trademark Office for the its word marks in addition to the trade dress in its can designs. The Defendants manufacture and sell chocolate mint chews bearing the “Buzz Bites” Trademark and mints bearing the “Foosh Energy Mints” Trademark. Red Bull is not concerned about the word marks used by Defendants, but alleges that the Defendants’ use of Red Bull’s trademarks and trade dress in Defendants’ advertising and on Defendants’ website and vending machines “is likely to cause confusion before and during the time of purchase of defendants’ products because purchasers, prospective purchasers . . . are likely to be drawn to defendants’ products because they mistakenly attribute [defendants’] products to Red Bull.” Red Bull sent a cease and desist letter to Defendants, but Defendants have allegedly refused to cease the use of the Red Bull trademarks and trade dress. The case is titled Red Bull GMBH v. V ...
Source: www.iptrademarkattorney.com --- 7 days ago
Los Angeles, CA – Service mark litigation was instituted by Trademark attorneys for Couples For Christ, Inc. (“CFC”) at the Federal District Court in Los Angeles . The complaint asserts that CFC has used its Couples For Christ, CFC, and Stylized Cross Design service mark “in connection with education services and providing religious and relationship counseling to couples and individuals” since at least 1991. CFC has registered the subject trademarks with the U.S. Patent & Trademark Office . As a result of the registrations on the USPTO register for over five years, the service marks have become incontestable, thereby foreclosing certain challenges to their validity. The complaint alleges that “sometime after September 20, 2007, Defendant National Organization authorized the founders and incorporators of Defendant Northern California Organization and the founders and incorporators of Defendant Southern California Organization to incorporate under the Couples for Christ name and to use the CFC Marks in association with educational services and religious counseling in Northern and Southern California, respectively.” Plaintiff has requested that Defendants cease use of the marks, but Defendants have allegedly “repeatedly refused to cease their use of the CFC Marks and continue to provide educational services and religious counseling under the CFC Marks.” The case is titled Couples For Christ, Inc. v. Couples For Christ USA, et al. , CV08- ...
Source: www.iptrademarkattorney.com --- 27 days ago
Los Angeles, CA – Trademark attorneys for Louis Vuitton filed a Trademark infringement, Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125), counterfeiting, and copyright infringement complaint at the Federal District Court for the Central District of California (Los Angeles Division) to protect its purse designs from being copied. The luxury goods manufacturer began selling its luggage in France in 1854 and in the United States in 1893. In 1896, Louis Vuitton created the LV monogram with three motifs (shown below) and registered it with the U.S. Patent and Trademark Office in 1932. Louis Vuitton has additional design/logo trademarks that are also registered with the USPTO . Further, Louis Vuitton owns certain copyright registrations in the U.S. Copyright Office covering its Multicolor Monogram design. Defendants are alleged to have counterfeited and infringed on Louis Vuitton’s trademarks and copyrighted works by selling unauthorized goods, such as purses and handbags. Louis Vuitton alleges that “the activities of Defendants complained of herein constitute willful and intentional counterfeiting and infringement of the Louis Vuitton Trademarks and Copyrighted Work; are in total disregard of the Plaintiff’s rights and were commenced and have continued in spite of Defendants’ knowledge that the use of the Louis Vuitton Trademarks and Copyrighted Work, or copies or imitations thereof, was and is in direct contravention of Plaintiff’s ...
Source: www.iptrademarkattorney.com --- 50 days ago
Los Angeles, CA –Trademark attorneys for Rock & Republic jeans/clothing company filed a Trademark infringement Lawsuit against Rich & Skinny jeans at the Los Angeles Federal District Court . Rock & Republic began using stylized “R” trademarks on its clothing line as early as 2002. Several different versions of the “R” logos are registered with the U.S. Patent & Trademark Office . “Rock & Republic applies its stylized “R” trademarks to the back pocket of its jeans and pants. Since their creation and first sale, products bearing Rock & Republic’s stylized “R” trademarks have been enormously successful.” The complaint continues: “The various stylized “R” trademarks, including the Rock & Republic Stylized “R” Mark have acquired a strong secondary meaning and are strong trademarks. Rock & Republic’s stylized “R” trademarks, including the Rock & Republic Stylized “R” Mark, and associated products, have become famous.” Rock & Republic alleges that defendant began operations in 2006 and is “in the business of manufacturing, advertising, selling, and distributing apparel, including denim jeans.” Rich & Skinny is accused of copying the stylized “R” Trademark and selling apparel/jeans in similar channels as Rock & Republic, which is alleged to likely confuse consumers. The complaint asserts the following causes of action: (1) Federal Trademark infringement under 15 U.S.C. § 1114; (2) False designation of origin under section 43(a) of the Lanham ...
Source: www.iptrademarkattorney.com --- 35 days ago
Los Angeles, CA – Trademark attorneys for Project E filed a Trademark infringement and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint at the Federal District Court in Los Angeles over Genetic Denim’s use of a double helix design stitching on jeans’ pockets. Plaintiff asserts that it is the owner of the “XX” Trademark, which comprises two adjacent Xs stitched into garments, and first used the Trademark in 2004. Although, the Plaintiff does not sell jeans/denim, it claims that the mark has been used on polo shirts and sweaters and that goods are substantially related. Genetic Denim uses a DNA double helix stitched into the jeans’ back-pockets and – playing on the genetic theme –an “XY” stitching is used on the front of jeans for men and an “XX” stitching is used on the front of jeans for women. The complaint alleges that Genetic Denim’s “use of the Trademark or a substantially similar Trademark is likely to cause confusion, mistake or deception as to the source or origin of defendant’s goods in that the public and others are likely to believe that defendant’s goods are manufactured, distributed or sold by, or sponsored by, or approved by, or licensed by, or affiliated with, or in some other way legitimately connected to plaintiff. Such public confusion has and will continue to cause irreparable harm to plaintiff.” In addition to preliminary and permanent injunctions, Plaintiff also seeks monetary damages. The case is ...
Source: www.iptrademarkattorney.com --- 35 days ago
Los Angeles, CA – Trademark attorneys for E! Entertainment Television filed a Trademark infringement, cybersquatting, and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint at the Federal District Court in Los Angeles , over entertainment/celebrity news blogger’s use of the enewsbuzz.com domain name. The complaint provides a summary of E! Entertainment’s beginnings in 1990 as the only 24-hour network with programming dedicated to the world of entertainment and celebrity news. It currently “is the world’s largest producer and distributor of entertainment news and lifestyle-related programming." E! alleges that “E! News” and “E! News Weekend” are its most popular television programs and both trademarks have been registered with the U.S. Patent & Trademark Office . E! alleges that long after it commenced use of its famous E! Marks and E! NEWS Marks, Defendants began business under the ENewsBuzz Trademark using the enewsbuzz.com domain name to provide similar services, “Defendants use the ENEWSBUZZ mark, trade name, and domain names in connection with providing gossip, news and images of Hollywood celebrities.” Defendants are alleged to have adopted the confusingly similar mark in order to benefit from the goodwill established by E!: “significantly, Defendants’ ENEWSBUZZ mark is depicted on its website with the letter “E” offset in bold red – the same color that E! Entertainment has been using in connection with the “E!” po ...
Source: fashionlawyerblog.com --- 42 days ago
I guess top level execs at eBay finally have a cause for celebration. Today a federal judge in the Southern District of New York ruled in favor of eBay in a suit brought by Tiffany & Co. In the case, Tiffany alleged claims of Trademark infringement and dilution, false advertising and unfair competition for facilitating the sale [...] ...
Source: www.computerworld.com --- 25 days ago
One of the attorneys hired by Psystar to fend off a copyright- and Trademark-infringement Lawsuit by Apple is hinting that the clone maker will bring up antitrust issues at trial. ...
Source: www.technologyowl.com.com --- 25 days ago
One of the attorneys hired by Psystar Corp. to fend off a copyright- and Trademark-infringement Lawsuit by Apple Inc. is hinting that the clone maker will bring up antitrust issues at trial. ...
Source: advertising.about.com --- 22 days ago
H&R Block has filed a Lawsuit against American Express for Trademark infringement. The controversy centers around a commercial featuring Ellen DeGeneres and Beyonce Knowles. Are the Ads Too Similar? Share... ...

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