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Trademark Infringement

Dec 5, 2019

Sink stopper: Son’s motion for stay sunk

An injunction that prevents Lowcountry attorney George Sink Jr. from using his birth name to advertise his new law firm will remain in place after a federal judge reiterated that his father, George Sink Sr., was likely to succeed in his effort to block his son from using the name in marketing the firm and […]

May 16, 2018

That dotSucks

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, Vox Populi Registry Ltd., was making headlines for selling .sucks website addresses for thousands of dollars more than typical .com domains. The business was based on […]

Feb 26, 2018

Intellectual Property – Trademark Infringement – Karaoke Brand – Consumer Confusion – Civil Practice

Holding: Plaintiff alleges that defendants not only pirated plaintiff’s karaoke recordings, but also copied plaintiff’s trademark and displayed it while playing the pirated songs. The display of plaintiff’s mark on the screen where the karaoke lyrics appear throughout an entire evening of karaoke performances could cause confusion among customers that the holder of the trademark […]

Feb 23, 2016

Intellectual Property – Trademark Infringement – Internet Advertising – Attorneys – Tort/Negligence – Defamation – Debt Collector

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 – diverted debtors by leading them to believe that plaintiff engages in improper collection practices. Nothing[...]

Jun 1, 2015

First Amendment trumps NAACP’s trademark, 4th Circuit rules

An anti-abortion group did not infringe upon the NAACP’s trademark by referring to the venerable Baltimore-based black civil rights group as the “National Association for the Abortion of Colored People” in an online article, a federal appeals court has ruled. The Ashburn, Va.-based Radiance Foundation’s substitution of “abortion” for “advancement” in the NAACP’s name for [&hellip[...]

Mar 15, 2012

Intellectual Property – Trademark Infringement – Radio Farm News – Other Uses – Laches Defense

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 ju[...]

Oct 21, 2011

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

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 Tradema[...]

Mar 16, 2011

Jury holds web host liable after site sold counterfeit golf clubs

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 infr[...]

Mar 11, 2011

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 o[...]

Dec 7, 2010

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

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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