2H 2018 Quick Links, Part 2 (Trademarks)

2H 2018 Quick Links, Part 2 (Trademarks)

*  Chanel, Inc. v. Wgaca,  2018 U.S. Dist. LEXIS 158077 (SDNY Sept. 14, 2018): Chanel’s amended complaint plausibly alleges that WGACA’s use of the hashtag #WGACACHANEL infringes Chanel’s trademarks. It alleges that WGACA conjoined its acronym with the Chanel trademark…

Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on February 15, 2007.] __ [Preface: I’ve already…

Departing Employee Required to Transfer Social Media Accounts–Hyperheal Hyperbarics v. Shapiro

This is an ownership dispute over a departing employee’s right to use social media accounts and trademarks of an employer. The facts are somewhat atypical. Shapiro founded a company called Hyperheal Hyperbarics to provide “hyperbaric oxygen therapy”. In 2014, the…

Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson

Disclosure note: I provided an expert report in this now-dismissed case, so you might consider my comments to be advocacy. I’ll explain my expert role in a bit. The Court Opinion Susan Larsen practices business law in the Denver, Colorado…

2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)

Trademarks * Evoqua Water Technologies LLC v. M.W. Watermark LLC, 2016 WL 4727432 (W.D. Mich. Sept. 12, 2016) Paragraph 1 of the injunction prohibits the use of marks beginning with “J-,” except pursuant to a fair use. Watermark argues that…

Trademark Law Can’t Stop Competitor’s Employee Recruitment Efforts–XPO v. R+L

Con-way and R+L compete in the freight business. XPO bought Con-way, and the acquisition sparked apparently non-speculative concerns that some Con-way employees would be laid off (which layoffs did indeed ensue, e.g., 1, 2). Before any definitive layoff plans were…

Q1 2016 Quick Links, Part 1 (Trademarks and Domain Names)

Q1 2016 Quick Links, Part 1 (Trademarks and Domain Names)

* Academy of Motion Picture Arts and Sciences v. GoDaddy.com, Inc., 2015 WL 5311085 (C.D. Cal. Sept. 10, 2015). A major win for GoDaddy—and domain name parking programs generally—against a long-running cybersquatting suit by the Motion Picture Academy. This ruling…

Trade School's Domain Name Lawsuit Drops Like a (Granite) Rock

Trade School’s Domain Name Lawsuit Drops Like a (Granite) Rock

I don’t often blog cases where New Hampshire figures so prominently, so this is a shoutout to all of my New Hampshirian/New Hampshirite friends! The litigants are competitor schools that train tradespeople such as plumbers and gas fitters. Granite State…

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Copyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the dominant storyline instead: An estimated 4.4 million viewers paid a…

Q4 2014 & Q1 2015 Quick Links Part 5 (Trademarks, Domain Names, Marketing)

Q4 2014 & Q1 2015 Quick Links Part 5 (Trademarks, Domain Names, Marketing)

Trademarks and Domain Names * TheDomains: .Sucks Releases Pricing With “Premiums” For Trademark Holders Up To $2,499 A Year. A pox on the .sucks operator and on ICANN for permitting this pricing scheme. ICANN wants federal regulators to declare the…