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One More Sports Illustrated Story on the USOC's Ham-Fisted Enforcement Effo
2009-09-23 06:15:00
Last Olympic post for a while, I promise. And I’m almost certain it’s the last time this year I’ll quote from Sports Illustrated. But here’s another gem from SI about the USOC’s ham-fisted efforts to enforce its rights to all things Olympic. From its Dec. 5, 1994 issue: “In its quest to bring home the gold, the U.S. Olympic Committee apparently believes it must send out several thousand letters every year implying that it will take legal action against businesses using, in their name or logo, the word Olympic or the interlocking rings, to which a 1978 federal law grants the USOC exclusive rights. This is a petty and merciless job, but the Lords of the Rings evidently feel somebody has to do it.” Seattle doctor Dan Nelson, who at least in 1994 owned a practice called “Olympic Spinal Care,” summed up local sentiment toward the USOC’s enforcement efforts rather nicely: “‘The general provinc...
More About: Story , Sports Illustrated

Olympic Businesses Everywhere: Sports Illustrated Nails the USOC's "Comic O
2009-09-22 07:21:00
 A reporter put me onto an excellent Sports Illustrated article written during the 1988 Summer Games in Seoul. Author Leigh Montville writes about being “On the Trail of the O-Word,” in which he concludes that ”[d]espite official efforts to curb unsanctioned use of the word ‘Olympic ,’” it is “here, there and everywhere.” To illustrate his point, he riffs on “Olympic” names he comes across in everyday life: Olympic Burger and Burrito. Olympic Fish and Meat Market. Olympic Fruit and Vegetable. Olympic Bar B Que. Olympic Pawn Shop. Olympic Van Lines. His list goes on and on. “Is there any fair-sized town that does not have an Olympic Diner somewhere on its outskirts?” he asks. “One Olympic Diner leads into two Olympic Realty offices, which lead into three Olympic Laundromats. There seem to be no boundaries. These Olympics are everywhere. Around the country. Around the world. The Olympic Di...
More About: Comic , Sports Illustrated , Nails

Despite Sending Many Letters, the USOC Has Only Brought Three Suits Since 2
2009-09-21 06:33:00
For all of the reasons discussed here, here, and here, STL has not been a fan of the United States Olympic Committee’s efforts to enforce its near monopoly rights in the U.S. over commercial use of the word “Olympic.” Is anyone really going to think the “Olympic Pizzeria” that exists in almost every town has anything to do with the Olympic Games? Nonetheless, the USOC hasn’t appeared to hesitate to dash off cease-and-desist letters to the owners of such establishments, sometimes causing small businesses to go through the expensive and disruptive process of changing their name. That’s particularly painful around here, where hundreds of companies (500 by this business owner’s count) have taken the name of the Olympic Peninsula, the Olympic Mountains, and Olympic National Park as their own. That said, the USOC has been much more circumspect about filing suit. I found it...
More About: Letters , Suits , Sending

Ninth Circuit Finds No Secondary Meaning, No Foul in Trade Dress Case
2009-09-17 07:17:00
Art Attacks’ “Spoiled Brats” designs (top) and MGA’s “Bratz” dolls:No secondary meaning, no foul Plaintiff Art Attacks Ink, LLC, sells a “Spoiled Brats” collection of t-shirts featuring cartoonish, predominantly female characters, with oversized eyes, disproportionately large heads and feet, makeup, and bare midriffs. Defendant MGA Entertainment Inc. sells “Bratz” dolls, which, like Art Attacks’ designs, feature large eyes, heavy makeup, oversized heads and feet, and bare midriffs. Art Attacks cried foul and sued for trademark and trade dress infringement, among other claims. A jury found for MGA on Art Attacks’ trademark infringement claim, but could not reach a verdict on its trade dress and other claims. MGA then moved for judgment as a matter of law, which the Southern District of California granted. Art Attacks appealed. On Sept. 16 the Ninth Circuit affirme...
More About: Dress , Trade , Meaning , Case

Ninth Circuit Reverses Dismissal of False Advertising Claim Over Wasp Larva
2009-09-16 06:04:00
Spalding Laboratories, Inc., sued its competitor, Arizona Biological Control, Inc. (“Arbico”), for false advertising under the Lanham Act related to claims Arbico made about the developmental state of its wasps used for killing flies. The Central District of California granted Arbico’s motion for judgment against Spalding as a matter of law. On Sept. 9, the Ninth Circuit reversed and remanded, finding that a jury could have found for Spalding. In doing so, the court got right to the point: “The jury could have reasonably concluded that Arbico’s advertisements were literally false or that the advertisements confused or misled a significant portion of their target audience. For instance, Dr. Peterson testified that the number of emerged parasites would ‘definitely’ be lower than the number of larvae contained in a pupa, a fact that would support a finding of literal falsity if Arbico’s claims were found to refer to em...
More About: Advertising

Courts Here Don't Rubber Stamp Stipulated Motions for a Protective Order
2009-09-15 06:28:00
It happens every so often in these parts — the court denies a stipulated protective order. Suffice it to say, courts around here don’t rubber stamp litigants’ attempts to privatize court proceedings. A case in point from a Western District trademark infringement suit last week: “The parties request an expansive protective order for all confidential information that may be disclosed during the discovery phase of this proceeding. The parties have agreed to designate as ‘CONFIDENTIAL MATERIAL …. any trade secret or other confidential research, design, development, financial, or commercial information.’ The parties have also agreed to designate as ‘ATTORNEYS ONLY MATERIAL’ any material that ‘is entitled to a higher level of protection due to its commercial sensitivity.’ “The Court need not enter the stipulation as an order of the Court because (1) the proposed order contains provisions that are m...
More About: Stamp , Courts , Civil Procedure , Order , Rubber

Plaintiff Alleges "Ok, Tata, Bye Bye" is Common Phrase, Does Not Infringe T
2009-09-14 06:08:00
On Sept. 4, plaintiff India-based travel service provider MakeMyTrip (India) Pvt. Ltd. brought suit in the Western District against India industrial conglomerate Tata Sons Ltd. seeking a determination that its registration of oktatabyebye.com does not violate the Anticybersquatting Consumer Protection Act. The complaint asks the court to set aside the World Intellectual Property Organization’s arbitration panel decision finding the registration violated the Uniform Domain Name Dispute Resolution Policy and ordering that the domain name be transferred to Tata Sons. MakeMyTrip brought suit in Western District because its registrar, defendant eNom, Inc., is located in Bellevue. On Sept. 11, however, MakeMyTrip voluntarily dismissed its claim against eNom.  MakeMyTrip asserts it has legitimate rights in its domain name because the phrase, “Ok, tata, bye bye,” is an informal way in India to say goodbye. It alle...
More About: Common , Cybersquatting

Malaysian Court Says MCCURRY Does Not Infringe MCDONALD'S
2009-09-09 07:11:00
McCurry’s owners get a happy result in victory against McDonald’s.Photo credit: AP/Mark Baker On Sept. 8, a 3-judge panel of Malaysia’s federal court found a restaurant’s use of MCCURRY does not infringe McDonald’s Corp.’s rights in its well-known trademark. It’s apparently the end of the line for McDonald’s in its 8-year fight. The AP cites McCurry’s attorney as saying the ruling means McDonald’s does not have a monopoly over “MC” trademarks in connection with restaurants. “This is a precedent to follow,” he said. McCurry’s sells its curry fare in connection with white-and-grey lettering, a red background, and logo featuring a smiling chicken giving two thumbs up. McDonald’s, of course, sells its western-style fare in connection with its familiar golden arches. The court found these differences supported McCurry’s claim it isn’t passing itself off as ...
More About: Malaysian , Dilution , Court

STL Road Trips to Rainy Portland, Oregon
2009-09-08 05:12:00
Happy Labor Day! STL spent the holiday weekend not working in rainy Portland , Ore. Yesterday, I had breakfast with my better half at the deservedly popular Cadillac Cafe. Since I was on holiday, I focused on my delicious breakfast burrito — not less savory issues of infringement or dilution.  This morning we paid a visit to one of Portland’s great brands, Voodoo Doughnut, but the line was way too long for this hungry customer so we went down the block to Stumptown Coffee, another Portland icon. As luck would have it, I snagged their last VOODOO-brand donut and washed it down with a damn fine cup of coffee before heading north.
More About: Dilution , Oregon , Road , Portland Oregon

Ninth Circuit Reverses Dismissal of Two Trademark Claims, Affirms One
2009-09-03 05:51:00
In Wyatt Technology Corporation v. Smithson, the plaintiff filed suit in the Central District of California alleging trademark claims and other business torts against the defendants arising out of the bankruptcy of the Proterion Corporation. The Central District of California dismissed three of Wyatt’s trademark claims on summary judgment. On Aug. 27, the Ninth Circuit reversed and remanded dismissal of two of the three trademark claims and affirmed dismissal of one. The opinion doesn’t provide much additional background; the court just gets to the point: “Wyatt’s trademark claims concerning domain names could have been brought under either the Lanham Act or the Anticybersquatting Protection Act. Wyatt brought suit only under the former, so it must show a use of the mark in connection with the sale of goods. Linking to commercial business qualifies. The district court’s contrary ruling constitutes legal error. The district court also erred in ...
More About: Claims , Cybersquatting , Trademark , Fair Use

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