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Amazon Takes a Unique Defense to Patent Infringement

When you last signed up for something online, and you were supposed to read all the Terms and Conditions and then click “Agree,” how many of you actually read the whole thing? How about maybe never? Well, Amazon must have relied on that.

No Blurred Lines in This Decision

In addition with having to decide what to do with Kanye West, the music industry has also been astir over the issue of if “Blurred Lines” infringes the copyright on Marvin Gayes’ 1977 “Got to Give It Up.” A U.S. District Court jury in Los Angeles decided that Robin Thicke and Pharrel Williams had committed trademark infringement and ordered them to pay the Gaye estate $7.3 million.

Guess Who Won This Lawsuit?

Gucci has been accusing Guess of trademark infringement for several years, and a Paris judge just settled the argument. The court ruled that Guess is NOT infringing a Gucci trademark, Guess is NOT counterfeiting Gucci products, and there is NO unfair competition between the two luxury brands.

Trademarks and Chocolate

Trademarks are always fascinating, and we love chocolate, so we had to share with you a trademark-chocolate story. When Hershey filed a lawsuit against LBB Imports, the importer of specialty products from Great Britain, Australia and South Africa, LBB decided to stop importing the brands that bear the “Cadbury” trademark, the trademark that Hershey has exclusive rights to in the U.S.

Trademarks and Noodles

When Michelin three-star-rated chef Joshua Skenes announced that he was opening a new restaurant called “Fat Noodle”, the news was greeted warmly by noodle aficionados. The news was not greeted warmly, but hotly and contentiously, by Chubby Noodle that filed a trademark infringement lawsuit against Fat Noodle claiming that two restaurants names are “confusingly similar.” The lawsuit went on to claim that Fat Noodle is “dilut[ing]” and “tarnish[ing] the image of the…Chubby Noodle mark.”

Trademarks and Beer

Time was that you sat at the bar and ordered a beer. The proliferation of over 3,000 new local and specialty breweries over the past few years has created stiff competition to trademark the names of all the brews from all of these breweries.

Riders of the Purple Sage Ride Again

It started with a lawsuit filed by the 60’s rock group The Turtles against Sirius XM, the satellite radio broadcaster, over royalties. Federal copyright law only applies to broadcasted music as of 1972, so The Turtles want to be paid royalties when Sirius XM plays the group’s pre-1972 music. The Turtles won the first round, so more lawsuits have ensued.

Next Time, Ask Her to Take Back Her Maiden Name

ELVH, Inc., the holding company for the rock band Van Halen, had sued Kelly Van Halen, the ex-wife of the group’s drummer, Alex. Ms. Van Halen attempted to register trademarks for her name to use to promote and sell furniture, children’s blankets and bathing suits. ELVH claimed that “Kelly Van Halen” infringed and diluted the “Van Halen” trademark. We will never know what would have happened because the case was settled out of court, but www.kellyvanhalen.com is up.

These Are Two Vain Guys

Our story goes back to 2010 with the death of Dr. Keith L. Davis who had founded Vein Care Pavilion of the South with Dr. Steven M. Roth, and one of the trademarks of the medical practice is “The Vein Guys.”

Let’s Take Ten and Think about This

Sorry about the headline. We could not help ourselves. In a rare move, a Federal Circuit Court has over-ruled the U.S. Patent and Trademark Office. St. Helena Hospital had applied for the trademark “TAKETEN” and the Trademark Office denied the registration, claiming it was too similar to a current trademark, “Take 10!”