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Still No USOC Lawsuits Over Seattle-Area Use of OLYMPIC as Trademark
2008-06-09 05:10:00
Not to tempt fate, but I couldn’t help but notice that the U.S. Olympic Committee has not flooded the Western District of Washington with lawsuits over Seattle -area companies’ use of OLYMPIC in their names and trademarks. (See STL posts on this issue from August 12, 2007; Jan. 10, 2008; Jan. 13, 2008; and Jan. 28, 2008). In fact, the USOC has not filed a single lawsuit in the Western District despite hundreds of Washington businesses making use of the word that has caused the USOC to send letters to some demanding that they cease and desist such use. Its heavy-handed demand letters notwithstanding, the USOC seems to have a lighter touch when it comes to filing suit. Knock on wood.
More About: Lawsuits , Area , Trademark

Seattle Search Engine Optimizer SEOmoz Opposes Effort to Register SEO as a
2008-06-07 20:43:00
Fellow Seattle law blogger Sarah Bird, general counsel of Seattle search engine optimizer SEOmoz, Inc., tipped me off in her post this week about her company’s efforts to oppose a California resident’s application to register “SEO” as a trademark with the Patent and Trademark Office. According to PTO records, in May 2007, Jason Gambert filed a use-based application for the mark in International Class 35 for “marketing services in the field of computers in the nature of providing marketing services for the benefit of others by compiling advertising campaigns, promotional services, and consulting for customers.”SEOmoz and two other companies then filed notices opposing the application. SEOmoz’s notice of opposition summarizes the examining history as follows:“In August 2007, the reviewing attorney correctly refused the application on the grounds that ‘SEO’ is (1) generic and (2) merely descriptive of ...
More About: Search , Search Engine , Engine , Register

Microsoft Collects on Default Judgment Against Spammer
2008-06-05 05:20:00
In October 2004, Microsoft Corp. filed suit against John Does 1-50, d/b/a Myauctionbiz.biz, for alleged “unauthorized use of Microsoft’s computers and computer systems to send millions of misleading and deceptive unsolicited commercial e-mail messages, or ‘spam,’ in violation of federal and state law and Microsoft policies.”Eventually, Microsoft identified a number of the unknown defendants, including Saul Waizer, a Florida resident, who Microsoft alleged was involved as an affiliate in the spam operation.Mr. Waizer did not answer Microsoft’s complaint and in November 2006, a default judgment was taken against him in the amount of $57,000. The news here is that Microsoft appears to have collected the full amount of this judgment. On May 28, 2008, it filed a Full Satisfaction of Judgment Against Saul Waizer stating: “Microsoft … hereby acknowledges receipt of full satisfaction of the judgment against Judgment Debtor/Defendant Saul Waize...
More About: Spam , Spammer

TTAB Grants Summary Judgment Against Seattle Spirits Distributor
2008-06-04 05:55:00
John Welch today reports on Seattle -based Fine Spirits Distribution, LLC’s loss on summary judgment in the Trademark Trial and Appeal Board opposition proceeding that E. & J. Gallo Winery brought objecting to Fine Spirits’ application to register FALCON for distilled spirits. Gallo successfully argued that mark was likely to cause confusion with Gallo’s FALCON RIDGE trademark for wine. Central to the decision was Fine Spirits’ failure to respond to Gallo’s requests for admission (or to withdraw or amend those admissions).As the TTABlog explains:“These admissions established that the involved goods are ‘related and competitive,’ that the goods are ‘impulse items, sold to customers at retail,’ that such consumers ‘will assume they are related,’ and that Gallo has priority of use. The Board therefore granted the motion for summary judgment.”In my experience, requests for admission usually are&nb...
More About: Grants , Judgment , Summary

Gucci Sues Alleged Local Counterfeiters
2008-06-03 05:13:00
On May 27, Gucci America, Inc., filed suit against Cassandra Black, Cece’s Bargain Boutique, CecesBargainBoutique.com, and ten unknown persons for selling allegedly counterfeit Gucci merchandise. The complaint alleges that Ms. Black is a resident of Kent, Wash. The defendants’ Web site describes Cece’s Bargain Boutique as a seller of “replica” merchandise (partial screen shot below).The John Doe defendants are described as persons who reside or conduct business in this judicial district who are either “directly and personally contributing, inducing and engaging in the sale of counterfeit products” or are “directly engaging in the sale of counterfeit products” as “partners or suppliers to the named Defendants.”The complaint alleges that “Gucci has discovered the Defendants are promoting and otherwise advertising, distributing, selling and/or offering for sale counterfeit products, including at...
More About: Local , Counterfeiting

Jury Finds for Defendants in Domain Name Misappropriation Case
2008-06-01 23:15:00
On May 28, a Western District jury found for the defendant Web development vendor in a case Seattle-based law firm The Christiansen Firm brought against Chameleon Data Corp. and its president, Derek Dohn. The plaintiff had accused defendants of transferring ownership of plaintiff’s four domain names to themselves without authorization in order to get leverage over plaintiff in a dispute over the defendants’ bill. (For more background, see STL posts on May 5, February 20, and February 14.)In a five-day trial, the jury found for defendants on plaintiff’s breach of fiduciary duty claim and on defendants’ counterclaim for breach of contract. However, the jury did not award the defendants any damages on that claim. The court awarded defendants costs but did not address their argument that they should receive attorney’s fees for prevailing in an “exceptional” case under the Lanham Act based on the court’s previo...
More About: Domain , Domain Name , Case

Starbucks May Oppose Seattle's Rat City Rollergirls Trademark Application
2008-05-31 19:02:00
  Confusingly similar? Likely to cause dilution?Sorry for the delay, but this hit the media while I was at INTA…. Starbucks Corp. has been granted an  extension of time to oppose the Rat City Rollergirls, LLC’s application to register its design mark used in connection with “Coordination of recreational sporting opportunities for individuals who wish to participate in team league sports; Promoting sports competitions and/or events of others.” The Rat City Rollergirls are Seattle’s roller derby league.The Seattle Post-Intelligencer quotes a Starbucks spokesperson as saying: “We haven’t opposed it — we have asked for more time to look at it.” She added: “There’s a lot of room for us to work together to find a mutually beneficial conclusion here.”The paper also quotes Rat City’s lawyer as saying: “The Starbucks lawyer said that the girls on the roller derby team look scary,...
More About: Application , Trademark , Trademark Trial and Appeal Board

INTA Recap: Our Own United Nations
2008-05-29 03:42:00
Meet the Bloggers IV: Trademark law bloggers of the world unite!It’s hard to recap a four-day conference involving thousands of trademark lawyers from around the world. Despite my nagging jet lag, I’m still energized. For me, this year’s INTA transcended the usual meeting and greeting. Maybe it’s because I’ve gone to a few of these now and the folks I met for the first time three years ago in San Diego are now becoming good friends. But I started thinking that INTA’s annual meeting could be something of an agent of peace. Take the Meet the Bloggers event (photo above), for example. That night, I met folks kind of like me from England, Italy, Spain, South Africa, the United States, and many points in between. Our own United Nations . The night ended, quite late, over burgers and beer with old and new friends from the States, Holland, and Australia. I thought: this is what it’s all about. Sure, INTA is about m...
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INTA Update Coming...
2008-05-23 12:17:00
DUNKIN’ DONUTS, POTSDAMER PLATZ, BERLIN - As expected, I’ve spent much quality time with my fellow trademark lawyers at the 130th annual International Trademark Association’s annual meeting here in Berlin. Consequently, I haven’t had much time to post. That will change once I return home. I’ve got an INTA recap and some photos from the “Meet the Bloggers IV” gathering I’m looking forward to posting — by the end of the Memorial Day weekend at the latest. Until then, thanks for your patience. For those who came to INTA, safe travels home!
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See you at INTA!
2008-05-17 03:48:00
Slight blogging slowdown ahead as I travel to Berlin to join thousands of other trademark lawyers from around the world at the 130th annual meeting of the International Trademark Association. What a conference! Please say hello if you see me there. I will definitely be at the “Meet the Bloggers IV” gathering discussed here. All trademark law bloggers, readers, and friends are welcome. If you want to meet up some other time, you also can reach me on my BlackBerry via the STL “Email me” link at right (or at matkins at grahamdunn.com). I hope to see you there!

Adidas v. Payless Jury Instructions
2008-05-15 06:20:00
By popular demand, here are the jury instructions in the Adidas America, Inc. v. Payless Shoesource, Inc. case. All 60 pages of them. The ten pages of instruction on dilution start on page 38. Besides a reader’s request for the instructions on dilution, everyone is commended to check out the entire instructions. This case was the full meal deal — it had instructions on trademarks, trade dress, trademark infringement, likelihood of confusion, unfair and deceptive practices, dilution, and damages. This is good stuff. The case cite is Adidas America, Inc. v. Payless Shoesource, Inc., No. 01-1655 (King, J.).

Notes in Adidas v. Payless Trademark Dispute Reveal Juror Mindset
2008-05-13 05:39:00
Interesting to see juror notes become a part of the docket in the recently-decided case of Adidas America, Inc. v. Payless Shoesource, Inc. As many will recall, an Oregon jury last week found Payless’ use of two- and four-stripe designs for athletic shoes infringed Adidas’ three-stripe design for its competing athletic shoes.In an undated note to District of Oregon Judge Garr M. King, a juror asked: “If this case was found for adidas, would adidas own 2 and 4 stripes?”The court’s response: “The legal ownership of two and four stripes, generally, is not an issue in this case. The issues for consideration involve only the shoes accused in this case.”This guidance undoubtedly is correct. But for a litigator it’s always fascinating (and, I’ll admit it, sometimes scary) to see what goes through jurors’ minds. This was important enough a question for a juror to ask — and the response essentially was an i...
More About: Notes , Mindset , Trademark , Dispute

Blue Nile Settles Trademark Dispute over BUILD YOUR OWN RING
2008-05-12 01:46:00
After the Settlement: Portions of Blue Nile ’s and James Allen’s “BUILD YOUR OWN RING” and “Design Your Own” Web pagesOn May 8, Western District Judge Thomas Zilly dismissed Blue Nile, Inc.’s lawsuit against competing online jeweler James Allen Diamonds, Inc. and JamesAllen.com LLC based on the parties’ stipulation. The complaint had alleged that defendants’ use of BUILD YOUR OWN RING as a trademark infringed Blue Nile’s prior co mmon law rights in the same mark. Defendants had denied Blue Nile’s allegations and asserted in counterclaims for declaratory judgment that their use of the words did not infringe Blue Nile’s trademark rights and that BUILD YOUR OWN RING was invalid because it did not function as a protectable trademark.The terms of the settlement are not known to STL, but it appears that defendants have changed their alleged use of “Build Your ...
More About: Ring , Trademark

Fantastic Sams Sues Rival Regis for Not Removing Trademarks from Premises
2008-05-08 03:27:00
        ; On May 5, hair salon franchisor Fantastic Sams Franchise Corp. filed suit in the Western District against rival hair salon franchisor Regis Corp. and other defendants. Fantastic Sams alleges that Regis convinced the corporation that owned the right to develop and grant third parties FANTASTIC SAMS franchises in the Seattle-Tacoma market to sell its salons to Regis. Fantastic Sams alleges that immediately after closing on its purchase, Regis began operating the salons under its HAIR MASTER brand but failed to remove all of the FANTASTIC SAMS marks from the premises. This, Fantastic Sams alleges, is likely to confuse consumers and amounts to service mark infringement and unfair competition.Regis has not yet filed an answer.The case cite is Fantastic Sams Franchise Corp. v. Regis Corp., No. 08-706 (W.D. Wash.).
More About: Trademarks

Oregon Jury Awards $305 Million to Adidas for Payless Shoe Infringement
2008-05-07 06:59:00
On May 5, a nine-person jury in the District of Oregon found Payless Shoesource, Inc., liable for infringing Adidas America, Inc.’s three-stripe trademark and awarded Adidas $305 million. The jury found Payless infringed or diluted Adidas’ mark or trade dress by using a two- and four-stripe logo on its competing athletic shoes. Trial lasted 14 days. The jury deliberated for two days. An attorney representing Adidas said he thought it was the biggest verdict in a trademark infringement case ever. Collective Brands Inc., which operates Payless and Stride Right stores, said the award was “excessive and unjustified” and vowed to have it set aside or overturn.An excerpt from the jury verdict form showing Payless’ shoes. “Yes” indicates infringement.From the jury verdict form:“Section III.  Monetary Recovery8) State the amount of actual damages that should be awarded to ad...
More About: Awards , Infringement , Million

Domain Name Misappropriation Case Set for Trial in the Western District
2008-05-06 06:24:00
The case between a Seattle law firm and its Web development vendor goes to jury trial on May 21. STL readers may recall that the Seattle-based law firm The Christensen Firm sued Chameleon Data Corp. and its president, Derek Dohn, on the ground that defendants allegedly transferred ownership of plaintiff’s four domain names (thechristensenfirm.com, thechristensenfirm.net, christensenfirm.com, and cc-lawfirm.com) to themselves without plaintiff’s authorization, and shut down email service to addresses associated with plaintiff’s primary domain name, cc-lawfirm.com, in order to get leverage over plaintiff in a dispute over the defendants’ bill.This interesting dispute became less of a trademark case on Jan. 18, when Judge Zilly dismissed plaintiff’s Lanham Act and Washington State cybersquatting claims on the basis that the plaintiff’s marks were either generic (cc-lawfirm) or descriptive (The Ch...
More About: Domain , Domain Name , Fees , Attorney , Trial

Summit Capital Dismisses Declaratory Judgment Action Against Summit Partner
2008-05-05 04:08:00
As STL readers may recall, on Dec. 28 Seattle-based Summit Capital Group, LLC, and affiliated financial services companies filed suit in the Western District against the Boston-based Summit Partner s, LP, venture capital firm, seeking a declaration of non-infringement and non-dilution of the defendant’s SUMMIT PARTNERS trademark. Plaintiffs claimed they had used SUMMIT CAPITAL PARTNERS since at least 1986. Defendants’ demand letter to plaintiffs giving rise to the lawsuit claimed it had used SUMMIT PARTNERS, SUMMIT CAPITAL PARTNERS, and SUMMIT PARTNERS VENTURE FUND names and marks since 1984.The parties apparently have settled their differences. On May 2, Summit Capital filed a Voluntary Notice of Dismissal with Prejudice seeking dismissal of its claims without fees or costs to any party. The parties appear to have begun discussions soon after the suit was filed since the docket shows no substantive filings other than the complaint. Defendants never filed an ans...
More About: Action , Judgment

Mark Your Calendar for "Meet the Bloggers IV" at INTA in Berlin
2008-05-02 06:01:00
“Meet the Bloggers IV” at Potsdamer Platz 1, Berlin , GermanyOrganizer Jeremy Phillips of IPKat fame has given his fellow trademark bloggers the green light to spread the word. So, mark your calendars: the fourth annual “Meet the Bloggers” reception at the International Trademark Association’s annual meeting will be held from 8:30 to 10:30 p.m. on Monday, May 19, at the top of Potsdamer Platz 1, 10785 Berlin, Germany. Jeremy suggests RSVP’ing to gracious host Olswang. To me, this event is the highlight of every INTA meeting. Come schmooze with bloggers, blog readers, and hangers on from around the globe. Here’s a partial list of expected attendees:Afro-IPCatch Us If You Can !!! Class 46IMPACT IP FinanceIPEG IPJUR IPKatLucentin us Naked LawPetit Musee des MarquesPeter GrovesRychlicki.netSeattle Trademark LawyerSOLO IPSpicy IPTrademark BlogTransblawgTTABlogWhat a lineup! I can’t wait to take in the n...
More About: Calendar , Mark

More Background on Washington's Amended Right of Publicity Statute
2008-05-01 05:30:00
For those attending tomorrow’s discussion on Washington’s amended right of publicity statute, I thought I’d add some more background (STL post about the gathering here). In particular, here’s a cheat sheet on the amendment I cribbed from the the House Bill Report’s summary of the amendment:”When ApplicableThe provisions of the bill apply to all causes of action commenced on or after June 11, 1998, regardless of when the cause of action arose.“The provisions of this bill apply to all individuals and personalities, living and deceased, regardless of place of domicile or place of domicile at time of death.”Determination of RightsPersonality rights shall be deemed to have existed before June 11, 1998, for purposes of determining who is entitled to the rights recognized under this chapter.”Transferability of RightsAn individual or personality, or any subsequent owner of that individual or personality’s person...
More About: Publicity , Right of Publicity , Background

How to Find the Right Expert Witness for Your Trademark Case (Part 2)
2008-04-28 03:01:00
STL’s previous post offered some strategies for finding the right expert witness in trademark cases. On Friday, the Las Vegas Trademark Attorney blog added a few suggestions, including the following: “One popular online source is the online expert witness directory JurisPro. Other expert witness websites listing the credentials of various trademark experts include ALMExpert s.com, expertwitnesses.com, and Intota.com.” These are good tips. Thanks, Ryan. For Westlaw users out there, here is another that I think is particularly worthwhile. The Intellectual Property Expert Witness Filings (IP-EW-DOCS) database contains expert reports, affidavits, deposition transcripts, and trial transcripts of expert witnesses who have testified in IP cases. This is a good way not only to identify who the quality trademark experts are, but also to learn how they have testified in previous cases. These same materials are great for those preparing ...
More About: Find , Case , Part

How to Find the Right Expert Witness for Your Trademark Case
2008-04-25 05:18:00
Expert witnesses can be hugely important in trademark cases. Particularly through survey evidence, they can help establish if a mark is generic (and hence unprotectable); that a descriptive mark has acquired secondary meaning (and therefore is protectable); that a mark has actually confused or is likely to confuse consumers with another mark; that a mark is famous; and that one user’s mark is likely to cause dilution by blurring or dilution by tarnishment. Experts also can help establish the opposite of these propositions.So how do you find a capable trademark law expert? Here’s what I’ve come up with. First, check out trademark cases in which expert testimony has been offered. Find cases like yours. If neither the opposing side nor the court has blasted holes in the expert’s methodology, there’s a good chance they know what they’re doing. Second, ask around. The INTA list serve and other trademark law practitioners would be a ...
More About: Witness , Case , Expert , Trademark

KCBA Members to Discuss Amendments to Right of Publicity Statute
2008-04-24 05:54:00
Still wondering about the new amendments to Washington’s right of publicity statute? You don’t have to be alone. On May 1, the King County Bar Association’s Intellectual Property Section will host a brown-bag lunch program on “Emerging Issues in Right of Publicity Law.” Panelists Bob Cumbow, Mel Simburg, David Green, and I will throw in our two cents and hopefully get a good discussion going. (For background, see STL posts on the amended statute here and here.) Here’s the teaser the IP Section sent out: “Washington and California have recently amended their right of publicity laws in reaction to important rulings last year involving the publicity rights of Jimi Hendrix and Marilyn Monroe. New York has considered and expressly rejected similar legislation, leaving that state (the domicile of both Hendrix and Monroe at the times of their deaths) as one that does not recognize descendible rights of publicity. Where does this leav...
More About: Right of Publicity , Members

Seattle-Based McSweet Faces McDonald's in TTAB Opposition Proceeding
2008-04-22 05:45:00
On Friday, the Puget Sound Business Journal ran a story about a Trademark Trial and Appeal Board case involving Maple Valley, Wash.-based McSweet LLC. McSweet, which has sold MCSWEET-branded pickled cocktail onions for almost 20 years, decided to apply to register its mark with the Patent and Trademark Office. That’s when McDonald’s Corp. stepped in to oppose. McDonald’s alleges that MCSWEET infringes and dilutes its family of famous MCDONALD’S trademarks, including MC, MCCAFE, MCPIZZA, MCRIB, MCMUFFIN, MCFLURRY, and others. McSweet denies the allegations.The article says McDonald’s offered to consent to allow McSweet to continue to use MCSWEET if McSweet dropped its application to register the mark. McSweet reportedly refused.The article quotes me as saying: “If you have a famous trademark like McDonald’s, it casts a long shadow that others have to avoid with their trademarks....
More About: Seattle , Faces

Two More Regional Trademark Law Blogs Worth Checking Out
2008-04-21 01:32:00
I think it’s a great model. Pick a geographic region, and try to cover it well. In recent weeks I’ve come across two regional trademark law blogs that embrace this approach. Both are well worth checking out.First is the Maryland Intellectual Property Law Blog. Sure, it’s not only about trademarks, but publisher Brian Higgins offers plenty of interest for those who practice in our area. I particularly like his statistical analysis of new trademark filings — both in federal court and with the Patent and Trademark Office (with sweet bar graphs — I’ve got to figure out how to do that). Good Maryland case summaries too. No wonder this blog has become so popular.The other is the Los Angeles Intellectual Property Trademark Attorney Blog, published by Milord Keshishian. This blog helps practitioners stay on top of active trademark happenings in southern California. (Indeed, according to the Maryland Intellectual Property Law ...
More About: Regional , Blogs , Worth

Unscrupulous Companies Target Unsuspecting Trademark Owners
2008-04-17 05:19:00
This morning, a client forwarded me an email it received from a company ostensibly doing business in China. The email read as follows:RE: Intellectual property rightsDear CEO,We are the domain name registration organization in Asia, which mainly deal with international company’s in Asia. We have something important we need to confirm with your company. On the April 14, 2008, we received an application formally. One company named [Fake Company] wanted to register following Domain names:clientstrademark.asiaclientstradema rk.cnclientstrademark.com.cnclientstradem ark.com.hkclientstrademark.com.twclientst rademark.hkclientstrademark.twInternet Trademark : clientstrademarkthrough our body.After our initial examination, we found that the keywords and domain names applied for registration are the same as your company’s name and trademark. These days we are dealing with it. If you do not know this company, we doubt that they have aims other than to buy thes...
More About: Companies , Spam , Target , Owners

Ninth Circuit Finds Counterfeiting Constitutes Crime of Moral Turpitude
2008-04-16 04:48:00
Senegal citizen Elimane Tall got involved in counterfeiting. In 2003, he pled guilty to one count of “counterfeit of a registered mark” in violation of California Penal Code § 350(a)(2), which imposes criminal penalties on any person who “willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit of a mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office…” In 2004, Mr. Tall pleaded guilty to nine new counts of “counterfeit of a registered mark” and one count of “counterfeit of a registered mark with a prior,” which landed him in prison. After serving his time, the U.S. Department of Homeland Security sought to have him deported under the Immigration and Nationality Act as an alien convicted of a crime of “moral turpitude.” The immigration judge adopted the government’s position that “fraud ...
More About: Crime , Counterfeiting , Circuit , Moral

Five-Year Delay May Cut Off Trademark Infringement Damages, But Not Claim
2008-04-14 06:18:00
In Sonoma Foods, Inc. v. Sonoma Cheese Factory, LLC, plaintiff cheese maker sued defendant cheese maker in the Northern District of California. At issue was Sonoma Cheese Factory’s use of Sonoma Foods’ registered trademarks, SONOMA CHEESE FACTORY and DESIGN and SONOMA JACK (the “Bull Trademark s”), allegedly constituting infringement and a false description or passing off. According to Sonoma Cheese Factory, before December 31, 2001, Sonoma Foods owned and operated the Sonoma Cheese Factory retail store. On that date, the corporation was restructured; Sonoma Cheese Factory, LLC, was formed; and Sonoma Foods transferred the retail store to the new entity. When Sonoma Cheese Factory acquired the store, it continued to use the same signs and packaging that Sonoma Foods had used. It is that use about which Sonoma Foods complains.      Two Photos Sonoma Cheese Factory submitted in support of its motion for part...
More About: Infringement , Civil Procedure , Damages , Year

Peso's Sues Matador in Rare Seattle Restaurant Trade Dress Case
2008-04-11 06:54:00
The owner of Peso’s Kitchen and Lounge (top) has sued the owner of The Matador restaurant for trade dress infringement, including themetal work shown above, allegedly made by the same designer.Last year, El Diablo, Inc. filed suit for trade dress infringement in King County Superior Court against Mel-Opp & Griff LLC and other defendants alleging confusing similarity between the look-and-feel of the parties’ competing Mexican/Tex-Mex restaurants and bars. El Diablo owns Peso’s Kitchen and Lounge in lower Queen Anne. Mel-Opp & Griff owns The Matador, located in Ballard, West Seattle , Redmond, Tacoma, and Portland, Oregon.El Diablo claims that its former employees and independent contractors jumped ship and opened The Matador, copying what it considers to be its distinctive trade dress, which it describes in part as follows: “ornamentation, designs, and decorative elements in sconces, lighting, chandeliers, wa...
More About: Restaurant , Dress , Trade , Case

Washington Mimics California's Response to Marilyn Monroe Publicity Decisio
2008-04-09 06:17:00
Speaking of rights of publicity (see April 6 post here), the New York Times yesterday ran a piece on Marilyn Monroe ’s right of publicity, or lack thereof. Similar to the Western District’s and Ninth Circuit’s decisions involving the Estate of Jimi Hendrix, the Central District of California found Ms. Monroe either was a resident of New York or California at the time she died. (In Mr. Hendrix’s case, the Western District and Ninth Circuit found he was a resident of New York.) Either way, the court found, Ms. Monroe’s right of publicity did not descend to her heirs because the statutes in those states did not recognize that rights of publicity survived a person’s death.In response, the California legislature amended its statute to recognize the descendability of such a right. Sound familiar? This is similar to what the Washington  legislature did last month in response to ...
More About: Publicity , Right of Publicity

Yacht Maker Sues Competitor Over ALEUTIAN Trademark
2008-04-08 06:30:00
On April 2, Seattle-based Grand Banks Yachts Pte. Ltd. filed a trademark infringement suit in the Western District against Tacoma-based Aleutian Yachts, LLC. At issue is the parties’ use of ALEUTIAN in connection with their competing yacht building businesses. The complaint alleges that Aleutian’s use of its ALEUTIAN mark is “likely to lead consumers to mistakenly conclude that the yachts marketed and sold by defendants were exclusively or jointly built by, licensed or certified by, or otherwise sponsored or approved by Grand Banks, or that [Aleutian’s] products or websites are somehow affiliated, connected, or associated with Grand Banks.” Grand Banks also alleges that Aleutian wrongly registered the aleutianyachts.com domain name. Aleutian has not yet filed its answer. The case cite is Grand Banks Yachts Pte. Ltd. v. Aleutian Yachts, LLC, No. 08-513 (W.D. Wash.).
More About: Maker , Trademark