Intellectual Property Attorney

Category: Litigation

Bentley Motors Prevails In Trademark Infringement Action

As reported by ABC News, Bentley Motors Limited Corporation (“Bentley”), British manufacturer of luxury automobiles, has prevailed in its trademark infringement action against two Florida companies, Fugazzi Cars, Inc. (“Fugazzi”) and Keeping It Real Auto Customizing Inc. (“Keeping It Real”). According to Bentley, Fugazzi and Keeping It Real manufactured and sold “Bentley car kits,” which “transform ordinary and inex

Starbucks “Duffin” Is At The Center Of An Intellectual Property Controversy

Starbucks recently added a pastry item to its offerings at 730 U.K. stores. A cross between a muffin and a doughnut, the pastry is being sold under the portmanteau “Duffin.” The company’s pastry partner in the U.K., Rich Products, even registered the name “Duffin” as a trademark for “bakery goods.” However, a pastry store owner in London says that she’s been selling a similar pastry under the same name for years.

Is The Term “Redskins” Disparaging? The Washington Redskins Football Team Doesn’t Think So Despite Intense Debate

We have covered challenges to the Washington Redskins’ trademarks (which are owned by the Washington Redskins’ corporate entity, Pro-Football, Inc.) in the past. For example, in Blackhorse, et al. v. Pro-Football, Inc., Cancellation No. 92/046,185, a group of Native Americans contended that the term “Redskins” is disparaging to Native Americans and the team’s registrations should be cancelled. In other words, the “de

1-800 Contacts Is Unsuccessful, Yet Again, On Trademark Infringement Claim In Keyword Advertising Case

1-800 Contacts has been at the forefront of the growing (and often conflicting) body of law regarding keyword advertising. Unfortunately for the company, the law has not been in its favor. Not only did it lose its first case in the U.S. Court of Appeals for the Second Circuit (which includes both New York and Connecticut), 1-800 Contacts recently lost another keyword advertising case in the Tenth Circuit (comprisin

Update: E.A. Sports And Collegiate Licensing Company Reportedly Agree To Pay $40 Million To Settle Right Of Publicity Litigation

As reported by The New York Times, Electronic Arts and Collegiate Licensing Company have now agreed to settle the California lawsuit by making a payment to the former collegiate athletes. The amount of the settlement, while not disclosed in court papers, has been reported to be $40 million. The settlement does not involve the NCAA, which remains a defendant in the case and has indicated its intention to continue to

Trader Joe’s Claims Trademark Infringement And Seeks Injunction Against “Pirate Joe’s”

Earlier this year, Trader Joe’s brought a lawsuit against Hallatt, alleging trademark infringement, trade dress infringement, trademark dilution and unfair competition. Trader Joe’s claims that Hallatt: (i) is selling unauthorized products bearing the registered TRADER JOE’S trademark; (ii) utilizes a store design and logo that are similar to that of Trader Joe’s; and (iii) is unfairly profiting from Trader Joe’s h

Reminder: Grimes LLC To Host INTA Roundtable On Social Media In Norwalk, Connecticut on October 23

Grimes LLC will be hosting an International Trademark Association (INTA) roundtable on October 23, 2013. The topic is: “Whose Content is it Anyway? IP Issues in Social Media”. The INTA roundtable will cover a variety of relevant topics, such as using social media in business, ownership of content, spotting risks and threats to intellectual property rights, addressing and mitigating such risks and threats and devel

Termination Right Effective In Landmark Music Copyright Case

Mr. Willis’s case is particularly noteworthy because it is the first major contest involving the termination of a grant of copyright rights in music under Section 203. That provision, which went into effect as of January 1, 1978, permits authors to terminate copyright grants after 35 years, provided they abide by certain statutory requirements. Significantly, another provision, effective the same date, extended cop

Summer Blockbuster ‘Blurred Lines’ At Center Of Heated Copyright Melee

While the summer blockbuster “Blurred Lines” has been dominating playlists at radio stations around the world, the writers of the hit song are facing allegations of copyright infringement from multiple sources. According to an action filed by the writers (Robin Thicke, Pharrel Williams and Clifford Harris, Jr.), the successors-in-interest to musician Marvin Gaye and the band Funkadelic claim “Blurred Lines” “copies ‘

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