Who's(e) Melo?

Melvin L. Vinson recently filed a trademark infringement suit against NIKE in the Western District of Wisconsin alleging trademark infringement and unfair competition based on Vinson’s trademark registrations for the MELO and MELO GEAR and Design marks for shirts, pants, hats and other apparel. Mr. Vinson alleges he has been called “Melo” for his entire …

Fraud on the Green

Worth an estimated $19 million, the trademark TAVERN ON THE GREEN has become the subject of a bitter feud between the City of New York’s municipal government, and the descendant’s of Warren LeRoy, the last restaurateur to operate the establishment until its doors were closed in December of 2009. The City has owned the parcel …

Louis Vuitton sues Hyundai over a basketball

Last month, French high-end accessories manufacturer Louis Vuitton filed a lawsuit in federal court in New York against Hyundai Motor America over the use of an alleged imitation of the Louis Vuitton trademark on a commercial aired during the XLIV Super Bowl. The commercial entitled “Luxury” shows a Hyundai Sonata automobile driving away amidst symbols of …

U.S. Supreme Court Holds Copyright Registration Not a Jurisdictional Prerequisite to Filing Suit

Section 411(a) of the Copyright Act of 1976 (the “Copyright Act”) states, in part, the following: “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.” 17 U.S.C. § 411(a). The term “subject …

DON’T MESS WITH…the Texas Department of Transportation

In a precedential decision issued February 5, 2010, the Trademark Trial and Appeal Board granted a Motion for Summary Judgment filed by the Texas Department of Transportation (TxDOT) in a case pending against an individual, Richard Tucker, related to his registration and pending application for “DON’T MESS WITH TEXAS” for clothing.Texas Department of Transportation v. …

The Kricket Chirpeth No More

The United States District Court for the District of Arizona recently dealt a strong blow to a company for willfully infringing Cricket Communication’s intellectual property rights.  In Cricket Communications, Inc. v. Nazir d/b/a GSM Cellular, Case No. 08-CV-00295, the Court held that the defendant had willfully infringed Cricket’s trademark rights in the Cricket® trademark.  The …