TTAB Expands Types of Documents That May Be Introduced in Trademark Opposition

On March 28, 2007 Safer, Inc., a Pennsylvania based pest-control company, filed a Notice of Opposition against OMS Investments, Inc., a subsidiary of The Scotts Miracle-Gro Company, with respect to its application for the mark DEER-B-GON, alleging a likelihood of confusion with its prior registrations for the DEER AWAY and DEER AWAY PROFESSIONAL marks. Safer, Inc. …

2d Circuit Concludes eBay Has not Dulled Tiffany's Luster

Although Tiffany & Co. had probably wished it was an April Fool’s joke, on April 1, 2010, the Second Circuit upheld the Southern District of New York’s determination that eBay, Inc. was not liable for direct or contributory trademark infringement, nor trademark dilution of Tiffany’s indisputably famous trademarks, by facilitating and allowing counterfeit Tiffany items …

Lindsay Lohan and a Brief Introduction to NY’s Right of Privacy.

As you’ve probably heard by now, a few weeks ago, Lindsay Lohan sued E*Trade over its “milkaholic Lindsay” commercial that originally aired during the Super Bowl and also aired during the Vancouver Winter Olympics (If you haven’t seen it yet, you can find it here (www.etrade.com/tv)).  According to the complaint, E*Trade violated Lohan’s right of …

If Only My Bracket Had Worked This Well – Zediva Sued for Copyright Infringement

As I posited a few weeks ago, the major Hollywood studios have sued start-up Zediva for copyright infringement. Warner Bros., Columbia Pictures, Disney, Paramount, Twentieth Century Fox and Universal filed suit in the Central District of California yesterday against WTV Systems, Inc., WTV Systems, LLC and Venkatesh Srinivasan, the founder and CEO of Zediva. You …

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 …