If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants
…“Fire Emoji” in a crowded online marketplace. TRADEMARK INFRINGEMENT. 🔥] The court seemingly understands the problem perfectly. Any person looking at the listings in question would instantly interpret “emoji” as…
First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee
…claims. Note the unusual posture of this lawsuit: the plaintiff is a videogame manufacturer suing another videogame manufacturer for violating the rights of a third-party trademark owner, creating the possibility…
Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia
…Just referencing a trademark on the Internet does not support a trademark claim, full stop. The “interference” part is also wrong, or should be. The court cites a mix of…
Another Tough Ruling for People Search Databases–Camacho v. Control Group Media
…Defendants’ services I think this is true, but note that it may be impossible to market the database without providing an explanation of what it contains. That’s why, for example,…
More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)
…years! Either way, this motion for reconsideration, and the trial that followed, did not end well for Ms. Thompson. A month later, about 22 hours south on the I-5 &…
Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media–Garnier v. O’Connor-Ratcliff
…PUSD Board.” “Both Trustees actively solicited constituent input about official PUSD matters, including encouraging constituents to mark their calendars for upcoming Board meetings, to fill out surveys relating to Board…
1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker
…the court to use this factor. Mark strength. Shockingly, the court says 1-800 Contacts has an inherently distinctive mark (suggestive) that’s strong. IT’S A FUCKING PHONE NUMBER THAT INCLUDES THE…
Quick Links from the Past Year, Part 3 (Trademarks)
…similar to the senior user’s mark.” Plaintiffs neither plead facts nor even argue that any consumers ever were drawn to Jscout’s products because of its use of any mark. Again,…
Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)
…exactly Viacom’s KRUSTY KRAB trademark is a trademark for. In comparing the services offered in connection with each mark, the court asserts that “both marks identify restaurants: one, a fictional…
Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon
…pocket squares or handkerchiefs, of which there are allegedly over 200 product listings. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court…