One of the almost-overlooked categories of trademarks is SOUND. Most people don’t realize that a distinctive sound associated with a brand can be trademarked, but like many things “most people” don’t know much about (like particle physics) there is almost always more there than meets the eye. Or the ear, in this case. To date, only [...]
Entries Tagged as 'Trademark'
Captain America in Court
August 7th, 2010 · Comments Off · Copyright, Popular, Trademark
Earlier this year I questioned whether Disney’s acquisition of Marvel Comics would have any effect on the long-running battle between Marvel and the heirs of Jack Kirby over the ownership rights to his creations (which are legion). To date, the answer appears to be “No.” The production of the new Captain America film continues apace, [...]
The Bratz Are Back In Town!
July 23rd, 2010 · 3 Comments · Copyright, Popular, Trademark
With his usual aplomb, Judge Alex Kozinski of the 9th Circuit casually eviscerated the trial court’s decision in last year’s Barbie vs. Bratz battle, opining that Carter Bryant’s contract with Mattel did not cover “ideas” (only “inventions”) and that it simply wouldn’t be fair to hand Barbie the keys to her her little sister’s billion [...]
Twilight Sues Over Stolen Clothing
June 16th, 2010 · Comments Off · Popular, Trademark
Apparently Summit, the studio behind the Twilight movies, is mortally offended that BB Dakota is seeking to sell a copy of the hoodie worn by Bella in one of the teen-vampire romances, and has filed a trademark infringement lawsuit to enjoin the sale of the garment marketed — as one might expect from cheesy marketeers lacking [...]
Wanna Get Lucky?
April 29th, 2010 · 2 Comments · Popular, Trademark
Widely hailed as the best jeans in the kingdom of denim by fashionistas everywhere, Lucky Brand jeans fell victim to its own overripe image this week in its trademark infringement case against Miami-based Marcel Fashion Group, which sells the GET LUCKY line of apparel. Following a five day jury trial in the Southern District of [...]
Who Owns Your Second Life?
March 27th, 2010 · Comments Off · Copyright, Internet, Popular, Trademark
A few years ago Julian Dibbell wrote a book called Play Money — Or, How I Quit My Day Job And Made Millions Trading Virtual Loot, which detailed the year he spent trying to win a bet with himself. The bet: that he could make more money by killing trolls and demons (or making armor) [...]
McDonald’s sues teen over use of “McFest”
January 26th, 2010 · Comments Off · Popular, Trademark
A Chicago teenager suddenly finds herself embroiled in a trademark dispute with McDonald’s Corp. over her use of the name McFest for an annual charity concert featuring high school and college bands. Although the concert, which raises money for the Special Olympics, has been promoted under the McFest name since 2007, and the teen’s surname [...]
I am a commercial litigator and intellectual property lawyer in San Francisco. Although my practice encompasses a wide variety of business disputes, I have a particular fondness for, and am prone to wax philosophical on, the subjects of copyright and trademark infringement in music, literature, art, and film.
