California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

6 12 2017

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that compelled Google to globally de-list certain search results of a former distributor that had allegedly used its websites to unlawfully sell the defendant Equustek Solutions’s (“Equustek”) intellectual property. (Google LLC v. Equustek Solutions Inc., 2017 WL 5000834 (N.D. Cal.  Nov. 2, 2017)).

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The content in this post was found at https://newmedialaw.proskauer.com/2017/11/09/california-court-enjoins-canadian-courts-global-de-listing-order-to-google-as-contrary-to-cda/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Shoe retailer Shoe Carnival sues two counterfeit websites

6 12 2017

Shoe retailer Shoe Carnival brings this lawsuit against the owners of two domains, daretodreamwebdesign.com and afordrunning.com, which appear to be counterfeit Shoe Carnival websites.

I used to love shopping at Shoe Carnival. I remember the frequent sale announcements over the intercom and the booth for catching blowing cash.

SCLC, Inc. v. Kettering et al

Court Case Number: 3:17-cv-00193-RLY-MPB
File Date: November 22, 2017
Plaintiff: SCLC, Inc.
Plaintiff Counsel: Keith E. Rounder, Gary K. Price of Terrell, Baugh, Salmon & Born, LLP
Defendant: Marie Kettering, Lanny Tyndall
Cause: Trade Dress Infringement, Unfair Competition, Trademark Infringement, Common Law Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman

Complaint: 

Update 11/30/2017: 

Shoe Carnival has requested a Temporary Restraining Order for the purpose of ordering search engines to remove the offending websites.

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The content in this post was found at http://www.ipwatchdog.com/2017/12/05/disney-slams-characters-for-hire-tarnishing-image/id=90649/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits

30 11 2017

At issue in the trademark infringement suit is Amazon’s sale of counterfeit wheel center caps bearing distinctive Mercedes-Benz trademarks… Daimler argues that Amazon “facilitates the sale of an exorbitant number of counterfeit and infringing goods” through its platform, counterfeit activity which has increased since 2015 when the company began inducing Chinese manufacturers to list on its U.S. and European e-commerce platforms. Daimler notes that lawsuits over counterfeit products have been filed against Amazon by well-known consumer brands including a February 2017 suit filed by French luxury goods brand Chanel against the American e-commerce giant.

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The content in this post was found at  http://www.ipwatchdog.com/2017/11/15/daimler-trademark-lawsuit-amazon-infringement-counterfeits/id=90101/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Twentieth Century Fox Television Wins Trademark Case, ‘Empire’ Does Not Infringe

30 11 2017

The 9th Circuit affirmed the title ‘Empire’ was speech protected under the First Amendment and did not infringe trademarks owned by Empire Distribution… The panel instead determined that the title Empire supported both the themes and the geographic setting of the work. The panel also found the the use of the “Empire” mark was not explicitly to mislead customers; the panel noted that the show Empire made no overt claims to Empire Distribution.

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The content in this post was found at http://www.ipwatchdog.com/2017/11/22/twentieth-century-fox-wins-trademark-case-empire/id=90366/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



State vs. Federal Trademarks, Which is Right for Your Business?

30 11 2017

Not all trademarks are created equal. While every state allows you to obtain a trademark registration, a federal trademark registration provides the greatest rights. This is because when you obtain a United States federal trademark your rights will exist throughout the country, and not just in one particular geographic locality. With a state trademark you obtain rights to your immediate geographical area only, not the entire state, which is an important consideration… This does not, however, mean that state trademarks are useless. It does mean that you should not only obtain a state trademark.

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The content in this post was found at http://www.ipwatchdog.com/2017/11/25/state-federal-trademarks-right-business/id=90214/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.