U.S. Supreme Court Clarifies and Simplifies Standards for Ability to Bring Section 43(a) False Advertising Claims
High Court Resolves Circuit Split on “Prudential Standing” to Bring False Advertising Claims Under the Lanham Act: Lexmark Int’l, Inc. v. Static Control Components, Inc., No. 12-873 (2014) In what has become rare in recent years, the Supreme Court issued a unanimous opinion, this one deciding the proper test for what is often called “prudential”
Fight for the Fiend Skull Glenn Danzig v. Gerald Caiafa, et al. (C.D. Cal. 2014)
A legal battle is brewing: punk/heavy metal icon Glenn Danzig has sued his former Misfits bandmate, renowned bassist and singer Gerald “Jerry Only” Caiafa, for violations of various Misfits trademarks and logos. Following in the footsteps of Black Flag the filed complaint is another example of former bandmates’ battles over merchandise that remains profitable long
GoDaddy.com Dodges a Bullet: Ninth Circuit Holds That There Is No Secondary Liability for Cybersquatting under the ACPA
It is not all that often that a federal court of appeals sets forth a bright-line rule, much less by a unanimous panel, and even less likely in the hazy area of cyberlaw. But in Petroliam Nasional Berhad (Petronas) v. Godaddy.com, Inc., No. 12-15584 (9th Cir. 2013) three judges of the U.S. Court of Appeals
Will the Real Edward Steichen Please Stand Up? Cowan, DeBaets, Abrahams & Sheppard Achieves UDRP Victory for The Estate of Edward Steichen
It is not often that a respondent in a domain name dispute ardently opposes a complaint under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) – quite often respondents simply default, especially if they are a prolific cybersquatter with bigger domain name fish to fry. Even less common is a respondent who claims to bear
Recapturing the Flag: Former Members of Black Flag Spark New Battle over Use of the Band’s Legendary Name and Logo
There’s nothing more punk rock than a trademark infringement lawsuit. Actually, there are a lot of things that are more punk rock – like flouting authority, facial piercings, and two-minute-long tracks. But starting a federal case over the tattoo-worthy insignia of one of the original hardcore punk bands has got to be up there.
Fox Television Stations, Inc. et al. v. Filmon X LLC, et al.: Another victory for content providers in the ongoing saga of internet re-transmission of broadcast TV.
The drama continues to unfold in the world of Internet retransmission of broadcast TV. As we reported here, the Second Circuit on July 16 denied en banc rehearing of its holding that internet re-broadcaster Aereo did not violate TV networks’ public performance rights, despite vigorous dissents from Judges Chin and Wesley. On September 5, the U.S.
Judge Has “More Than a Feeling” About Nominative Fair Use: Donald Thomas Scholz v. Fran Migliaccio and Anthony Migliaccio
A federal court in Washington gave some “Peace of Mind” to former members of legendary rock band Boston when it denied Boston’s band leader a preliminary injunction in a trademark dispute. Plaintiff Donald Thomas Scholz (“Scholz”) is the founder and band leader of Boston, and undisputed owner of all of Boston’s trademarks. Fran Migliaccio and
Update on Networks v. Aereo: Denial of En Banc Review, New Lawsuits Filed, and More
When we last updated you on the status of the Aereo case in the New York federal courts, we reported that on April 1, 2013, a split panel of the Second Circuit had affirmed the New York federal district court’s denial of an injunction against internet television re-broadcaster Aereo, despite a vigorous dissent from Judge