Shields v. Zuccarini Injunction

Case Summary: This ACPA typo squatting case is about five domain names that were slight misspellings of “joecartoon.com.” Each of John Zuccarini’s websites using these typo domains “mousetrapped” visitors so they could exit only after clicking on a succession of advertisements, which resulted in a profit for defendant. Court Decision: 89 F.Supp.2d 634 (2000) Joseph… Continue reading Shields v. Zuccarini Injunction

Lady A vs Lady Antebellum

Lady Antebellum is now “Lady A” — but so is a black blues singer who’s performed music under the name for 20 years. “For them to not even reach out is pure privilege,” says the woman with the original moniker https://www.rollingstone.com./pro/news/lady-antebellum-lady-a-country-blues-1013919/ Lady A on Spotify https://open.spotify.com/album/5RypFF6rN9MUxFe4aAWA28 Lady Antebellum on Spotifyhttps://open.spotify.com/user/ladyantebellum Lady A Entertainment LLC’s trademark… Continue reading Lady A vs Lady Antebellum

Judge rules that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in “Call of Duty” video games

Judge says the First Amendment gives video game developers the right to realistically depict combat. Law360 (April 1, 2020, 11:30 AM EDT) — A federal judge ruled Tuesday that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in “Call of Duty” video games, saying the game developer was shielded by the First… Continue reading Judge rules that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in “Call of Duty” video games

Is BEAST MODE SOCCER too similar in appearance, sound, connotation, and commercial impression with BEAST MODE?

DuPont factor 1 concerns the similarity or dissimilarity of the marks in their entirety as to appearance, sound,connotation, and commercial impression. DuPont, 476F.2d at 1361. Since the mark applied for was BEAST MODE SOCCER, the applicant should have just abandoned its application before appealing it to the TTAB. Nonetheless, the applicant appealed it all the… Continue reading Is BEAST MODE SOCCER too similar in appearance, sound, connotation, and commercial impression with BEAST MODE?

Combination surname trademarks

The analysis of a combination surname trademark requires two inquires. First, is the term added to the surname “merely descriptive” of the applicant’s goods and services? In re Hutchinson Technology, Inc., 852 F.2d 552 (Fed. Cir. 1988). Specifically, is “collection” merely descriptive of KEI’s goods and services? Second, did adding the additional term to the… Continue reading Combination surname trademarks

MAD MEN Barbershop Trademark Opposition

Lions Gate Entertainment filed an opposition to the MAD MEN Barbershop trademark in the USPTO’s TTAB. Opposition No. 91234230 Trademark Serial No. 87/110,436 For: MADMEN BARBERSHOP & Design Publication Date: December 27, 2016 NOTICE OF OPPOSITION Commissioner for Trademarks ATTN: Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, Virginia 22313-1451   Dear Commissioner: Opposer, Lions… Continue reading MAD MEN Barbershop Trademark Opposition

Legal Writing Resources

Legal writing is very different than novel writing. In legal writing, the goal is to clearly and persuasively communicate points of fact and law in as few words as possible. Judges and clerks are busy, so they don’t have all day to figure out what are your arguments. @BryanAGarner is an appellate lawyer that writes a… Continue reading Legal Writing Resources

The Slants Supreme Court Case

The Slants Supreme Court 2017 Docket Summary The Supreme Court of the USA will decide the case of Lee v. Tam in 2017: Can you register a disparaging trademark, namely, THE SLANTS for Entertainment in the nature of live performances by a musical band. The Supreme Court will decide whether the constitutional right to freedom of speech… Continue reading The Slants Supreme Court Case