Apple Inc. v. Superior Court of Los Angeles ex rel Krescent: California Struggles with the Digital Transition

In Apple v. Superior Court of Los Angeles ex rel Krescent, the Supreme Court of California examined whether online transactions fall within the scope of a 1971 credit card act that prevents retailers in California from requesting personal identification information. An important milestone in what is likely to be an extended wave of decisions in

Securing the Gates to Trademarks: It Doesn’t Take Supernatural Forces to Protect Your Names

On January 23, 2013, the District Court for the Northern District of Iowa, in Scorpiniti v. Fox Television Studios, Inc., rejected a trademark infringement claim made by Louis Scorpiniti (“Scorpiniti”) against Fox Television Studios, Inc., (“FTVS”) finding that viewers would not be likely to confuse Scorpiniti’s religion-themed music program The Gate with FTVS’s nearly identically

DC Comics v. Towle: Batmobile Case Outlines “Objects as Characters”

In DC Comics v. Towle, 2013 WL 541430, __ F. Supp. 2d __ (C.D. Cal. Feb. 7, 2013) (“Towle”), the U.S. District Court for the Central District of California found that a vendor of car kits and customization accessories modeled after the famous Batmobile vehicle from the Batman comics, TV shows and movies infringed on

Trademark Law Basics, Part 4: How Do I Choose a Trademark?

This is part four of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, Part 2: Why Conduct a Trademark Search?, and Part 3: What to Expect During the Trademark Prosecution Process. A trademark can be a word, logo,

Trademark Law Basics, Part 3: What To Expect During The Trademark Prosecution Process

This is part three of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, and Part 2: Why Conduct a Trademark Search? The process of trademark prosecution involves you and your trademark attorney filing an application with the United

Amazon Defeats Apple’s False Advertising Claim in “App Store” Lawsuit

On January 2, 2013, the United States District Court for the Northern District of California rejected Apple, Inc.’s claim that Amazon.com, Inc.’s decision to name its marketplace for selling applications (“apps”) the “Amazon Appstore” was false advertising. The decision constituted a significant win for Amazon in its long-running dispute with Apple over Amazon’s right to

Trademark Law Basics, Part 2: Why Conduct A Trademark Search?

This is part two of the CDAS Trademark Law Basics series. If you missed the previous installment, it is available here: Part 1, Why Register a Trademark?,  Many small businesses apply to register without advice from an attorney. This is perfectly legal, but can be more costly than you think: the fees and costs associated

Trademark Law Basics, Part 1: Why Register a Trademark?

Welcome to the first part of the CDAS “Trademark Law Basics” series. Over the next month, CDAS attorneys will be explaining the legal and practical basics of trademarks on our IP, Media and Entertainment Law blog. We will also curate the entire series on the CDAS Trademark and Brands Practice Group page. Just like your

CDAS Big Data & Privacy Bulletin 2/10/13

CDAS’s Digital Media Practice Group would like to share some key developments, articles and issues in the world of big data, targeted advertising and privacy law that we’ve been monitoring over the past couple of weeks: