By: Susan Neuberger Weller Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963. The Emmy Award-winning show’s first run ended in 1986, and the show went into production again in 2002 for broadcast on the Animal Planet network. The show is about… Continue Reading
Tag Archives: Trademark Infringement
David Can Beat Goliath in the Trademark World… Just Ask Mixed Chicks!
Posted in Trademark, Trademark InfringementBy: Susan Neuberger Weller On November 2, 2012, a federal jury in the Central District of California awarded Mixed Chicks LLC, a beauty supply company for mixed-race women, $839,535 in actual damages and $7,275,000 in punitive damages for willfully infringing the MIXED CHICKS® trademark and trade dress with its MIXED SILK line of products. Mixed… Continue Reading
Google and Rosetta Stone Settle AdWords Trademark Infringement Suit
Posted in Google Adwords, Trademark, Trademark InfringementWritten by Geri Haight Six months after the U.S. Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Rosetta Stone’s trademark infringement lawsuit against Google, the parties issued a joint statement today announcing that they have settled their legal dispute. The parties stated: “Rosetta Stone Inc. and Google have agreed to dismiss the… Continue Reading
When Can You Claim A Color As Your Trademark?
Posted in Color, TrademarkWritten by Susan Neuberger Weller In its recent decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., the Second Circuit held there was no “per se rule that would deny protection for use of a single color as a trademark in a particular industrial context.” The Court found that the single color red on the… Continue Reading
Avoid a “Heart Attack”: Promptly Register Your Trademarks
Posted in Intent-To-Use Applications, Litigation, Trademark, Trademark Infringement, Trademark ProsecutionWritten by Susan Neuberger Weller On July 6, 2012, in Lebewohl v. Heart Attack Grill, LLC , a New York Judge made it possible, in the words of the Wall Street Journal, for people to continue to “Order Up a Heart Attack” in, at least, Las Vegas and Manhattan. Since 2004, the Second Avenue Deli, a… Continue Reading
International Organizations Join the Opposition to ICANN’s New gTLD Program
Posted in Domain Name, gTLD Issue, Trademark InfringementICANN will start accepting applications for new gTLDs on January 12, 2012. But not before further public opposition to the program builds. Most recently, the United Nations, International Monetary Fund and a host of other intergovernmental organizations (“IGOs”) have joined the growing list of opponents to ICANN’s new program. A recent letter sent to ICANN on behalf of… Continue Reading
Yahoo! Wins $610 Million Trademark Infringement and CAN-SPAM Award Over Nigerian Advance Fee Fraud Suit
Posted in Litigation, Trademark, Trademark InfringementWritten by Joseph M. DiCioccio This week, Yahoo! won a $610 million default judgment in the United States District Court for the Southern District of New York in a case involving the infamous Nigerian Advance Fee Fraud perpetrated through the Defendants’ infringing use of Yahoo!’s trademarks and spam. Online scams and hoaxes are just a fact of life in the Internet… Continue Reading
Google AdWords Litigation Update – Trademark Holders Denied Class Certification in U.S. Lawsuits
Posted in Google Adwords, Litigation, Remedies, Trademark, Trademark InfringementWritten by Jamison Arterton In the latest Google AdWords decision, a U.S. Federal District Court judge in Texas refused to certify two classes of advertisers who filed separate infringement suits against Google Inc. The complaints, filed in 2009, each claim that Google sold search terms that included registered trademarks to advertisers who were not affiliated… Continue Reading
Google Adwords Decision in Europe: Trademark Owners May Prevent Competitors From Using Trademarks As Keywords
Posted in Google Adwords, Litigation, Trademark, Trademark InfringementWritten by Geri Haight Remember last year when the European Union’s Court of Justice ruled that Google did not violate European Union law by selling trademarks as keywords and thereby permitting advertisers to purchase and use keywords corresponding to their competitor’s trademarks in Google ads? The decision let Google, as an intermediary, off the hook for trademark… Continue Reading
Remedies for Cybersquatting: Comparison of the UDRP and ACPA
Posted in Anticybersquatting, Domain Name, Litigation, Remedies, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton Last month, the kitchen and bath giant, Kohler Co., filed an anti-cybersquatting suit in federal court in California against several cybersquatters. In its complaint, Kohler alleges that it previously paid the named defendants $500 to transfer a domain name incorporating the KOHLER trademark in exchange for their agreement that they would not register any… Continue Reading
