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Tag Archives: Trademark Infringement

That dotSucks (access required)

DotSucks has been stirring things up since at least 2015, when Fortune magazine called it “the most controversial domain name on the internet.” Back then, the company behind www.get.sucks, Vox Populi Registry Ltd., was making headlines for selling .sucks website ...

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Intellectual Property – Trademark Infringement – Internet Advertising – Attorneys – Tort/Negligence – Defamation – Debt Collector (access required)

AMCOL Systems, Inc. v. Lemberg Law, LLC (Lawyers Weekly No. 002-041-16, 19 pp.) (Cameron McGowan Currie, S.J.) 3:15-cv-03422; D.S.C. Holding: Plaintiff’s complaint alleges that defendants’ internet advertising – seeking to represent clients who have been damaged by debt collectors – ...

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Intellectual Property – Trademark Infringement – Radio Farm News – Other Uses – Laches Defense (access required)

Ray Communications Inc. v. Clear Channel Communications Inc. Although plaintiff communications company, which registered the Agrinet service mark in 1972 and has used it for radio broadcast of farm news, acknowledges it permitted certain uses of the Agrinet mark in some local markets by predecessors of defendant Clear Channel Inc., the district court erred in granting defendant summary judgment on the ground of laches to plaintiff’s trademark infringement suit.

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Intellectual Property – Trademark Infringement – Fraud on USPTO – Restaurant Names – Attorney’s Fees & Costs (access required)

Firehouse Restaurant Group, Inc. v. Scurmont, LLC Defendants presented sufficient evidence for the jury to find that plaintiffs knew and worried about Firehouse Grill & Pub’s prior use of the word “Firehouse” when plaintiffs applied for a trademark in the word “Firehouse” for plaintiffs’ restaurant name. Since plaintiffs nevertheless affirmed to the U.S. Patent and Trademark Office that they knew of no such senior use, defendants’ evidence supports the jury’s finding that plaintiffs’ trademark was obtained fraudulently.

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Jury holds web host liable after site sold counterfeit golf clubs (access required)

A federal jury has awarded damages in a trademark-infringement action against an Internet company for helping to build and host a South Carolina website that sold counterfeit golf clubs. In what lawyers say may be a first nationwide, Roger Cleveland Golf Co., Inc., of Huntington Beach, Calif., won $770,750 in statutory damages against Bright Builders, Inc., of Utah for contributory trademark infringement and unfair trade practices. Internet intermediaries include companies that design websites, host them or provide search and optimization services, said Jeffrey Patterson (pictured), a Columbia lawyer who represented the plaintiff.

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How much is your nonprofit’s brand worth?

"It's fun to stay at the Y-M-C-A . . . " As the theme of the song goes, the YMCA has long been a leader in youth and adult recreation. The YMCA is a globally recognized nonprofit with a presence in over 3,000 communities. According to a 2009 study, the brand value of those four letters is over $6 billion and will only continue to grow as time goes on. Nonprofit organizations are an integral part of South Carolina's and the nation's economy. But how can these groups protect the goodwill that they strive so arduously to achieve?

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Intellectual Property – Trademark Infringement – Website Host – Site-Building Help – Counterfeit Golf Clubs – Rule 11 (access required)

Roger Cleveland Golf Co. v. Price. The plaintiff-golf club manufacturer forecasted evidence that defendant Bright Builders, Inc., not only hosted the other defendants' websites, but also helped to build them. In doing so, plaintiff contends, Bright Builders must have . . .

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