Grinch-themed Christmas photos look fun, could have serious legal consequences, experts say; USA Today, December 11, 2023

Mary Walrath-Holdridge, USA Today ; Grinch-themed Christmas photos look fun, could have serious legal consequences, experts say

"Dr. Seuss Enterprises, the company that owns all of the properties belonging to the late Theodor Seuss Geisel, is reportedly known for fiercely protecting its intellectual property. Warnings on the topic appear regularly on social media sites, such as one posted last week by a Knoxville, Tennessee photographer who explained why she avoids doing Grinch-themed shoots, even though she is asked about them yearly...

"Friendly reminder that shooting Grinch-themed photo sessions FOR A PROFIT (that’s the important part… if you’re not charging a fee you’re good) is federal trademark infringement," she said, alleging that the company has a team dedicated to scouring the internet for these infringements.

"Several years ago, a photographer offered Grinch mini sessions and her post went viral. Like, super viral. She was slapped with a lawsuit almost immediately annnnddd…. she lost. Copyright infringement is not a joke," the post continues."

Trader Joe’s Sues Trader Joe’s United for Copyright Infringement; Vice, July 14, 2023

Jules Roscoe , Vice; Trader Joe’s Sues Trader Joe’s United for Copyright Infringement

"Trader Joe’s filed a lawsuit against its union on Thursday for copyright infringement, claiming that the union’s merchandise was too similar to the Trader Joe’s logo, and demanding that the union’s profits off that merchandise be given to Trader Joe’s."

Trademark Infringement Is No Joking Matter: Supreme Court Reevaluates Parody Fair Use Exception and First Amendment’s Place in Trademark Infringement; Lexology, June 12, 2023

Atkinson Andelson Loya Ruud & Romo, Lexology ; Trademark Infringement Is No Joking Matter: Supreme Court Reevaluates Parody Fair Use Exception and First Amendment’s Place in Trademark Infringement

"In a unanimous 9-0 decision, the U.S. Supreme Court ruled that when a junior trademark user uses a parody of a famous trademark as an indicia of source for its own goods, the junior user cannot rely on the First Amendment to shield it from liability for trademark infringement for artistic or so-called “expressive works,” nor the parody exception to trademark dilution claims under the Lanham Act.

The Supreme Court’s June 8, 2023, decision in Jack Daniel’s Properties v. VIP Products vacated an earlier decision by the Ninth Circuit, which had ruled in favor of the junior trademark user that was selling a dog toy—“Bad Spaniels”— that parodied a Jack Daniel’s whiskey bottle. In ruling that the Rogers test, previously used to protect First Amendment interests and “fair use” in the trademark context, is not applicable when an infringer uses such mark as a source identifier—i.e., as a trademark—for its own goods, the Court clarified a significant point of contention in trademark law."

US Supreme Court rules for Jack Daniel's in fight over parody dog toy; Reuters, June 8, 2023

 John Kruzel and Andrew Chung, Reuters; US Supreme Court rules for Jack Daniel's in fight over parody dog toy

"The 9-0 decision authored by liberal Justice Elena Kagan threw out a lower court's ruling that the pun-laden "Bad Spaniels" vinyl chew toy sold by VIP Products LLC is an "expressive work" protected by the U.S. Constitution's First Amendment. Jack Daniel's Properties Inc is owned by Louisville, Kentucky-based Brown-Forman Corp (BFb.N)...

Lower courts had ruled in favor of VIP Products after applying what is called the Rogers test, which has allowed artists to lawfully use another's trademark when doing so has artistic relevance to their work and would not explicitly mislead consumers about its source.

The test was crafted in a 1989 decision by the New York-based 2nd U.S. Circuit Court of Appeals in a case brought by Hollywood legend Ginger Rogers. The actress unsuccessfully sued to block the 1986 film "Ginger and Fred" from director Federico Fellini that referred to her famed dance partnership with actor Fred Astaire."

Protecting and Enforcing IP Rights in the Metaverse; The National Law Review, April 22, 2022

Anthony V. Lupo, James Williams, Dan Jason, ArentFox Schiff LLP, The National Law Review; Protecting and Enforcing IP Rights in the Metaverse

"Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing blockchain domains. But enforcing those rights poses a significant challenge. In this alert, we discuss ways to identify and combat trademark and copyright infringement in the metaverse.

What is The Metaverse?

The metaverse is a persistent, digital environment that will allow individuals to seamlessly transition between their physical and virtual worlds."

Mephisto's Most Powerful Servant Got Marvel Sued by the Hells Angels; ScreenRant, February 10, 2022

JOSHUA ISAAK, ScreenRant; Mephisto's Most Powerful Servant Got Marvel Sued by the Hells Angels

"Hells Angel, appearing in 1992, was named Shevaun Haldane and had quite a traumatic start to her stint in comics when Mephisto brutally killed her father. She was later trapped into serving the satanic villain, but eventually broke free of his clutches. Unfortunately, she couldn't break free of the Hells Angels lawsuit, which stipulated that Hells Angel infringed on their name. Surprisingly, Marvel acquiesced to the gang's demands and changed Shevaun's character name to Dark Angel...but that only landed the company in more hot water when they were the subject of yet another lawsuit.

In addition to donating over $30,000 dollars to charity, Marvel now had to change the name to Dark Angel. Alas, the name was owned by Hart Fisher's Boneyard Press for another comic. Boneyard filed suit and the house that Stan Lee built had a choice to make: either change the character's name yet again, or fold and cancel the publication of Dark Angel. That's the choice Marvel made, and in Issue #16, the Dark Angel brand was put to rest."

Trademark Battle: Pitt Football Forced To Remove ‘412’ From New Helmets; KDKA 2 CBS Pittsburgh, April 13, 2019

KDKA 2 CBS Pittsburgh; Trademark Battle: Pitt Football Forced To Remove ‘412’ From New Helmets

"Just a week after the University of Pittsburgh released new uniforms, they already came under fire with a reported trademark issue.

The Pitt Panthers unveiled new helmets that feature the numbers “412” above the visor. However, this did not sit well with officials at Pittsburgh-based clothing company Shop 412."

COMIC LEGENDS: WHY CAN’T BATMAN’S BUTTON APPEAR IN EUROPE?; Comic Book Resources, April 21, 2017

Brian Cronin, Comic Book Resources; COMIC LEGENDS: WHY CAN’T BATMAN’S BUTTON APPEAR IN EUROPE?

"It all goes back to Franklin Loufrani, a Frenchmen who trademarked the famous “Smiley” face in Europe in the early 1970s. It had been around before that in the United States, but no one had bothered to trademark it. Franklin Loufrani did, though, as he used it in his newspaper. He then formed a company, the Smiley Company, to manage the trademark. When his son took it over in 1996, he really began to push the trademark and made the company a very successful company through the licensing of the trademarked image in Europe.

In the United States, though, the Smiley face had been used for years in various places. Wal-Mart, in particular, used it all over their stores. In 1997, Smiley Company tried to begin enforcing their trademark in the United States, which led to a long, drawn-put lawsuit with Wal-Mart. Wal-Mart even began to phase out the Smiley Face mark from their stores because they believed that they would ultimately lose (or, if they DID lose, they didn’t want to be unprepared).

In 2008, however, a United States Patents and Trademark Court ruled that the Smiley face mark was too generic to be trademarked and that the mark was in the public domain in the United States, which is how it had been treated for years up until that point. However, the mark remains protected by EUROPEAN trademark law."

China fines firms for using BMW-like trademark: media; Reuters, 12/19/16

Reporting by Engen Tham; Editing by Stephen Coates, Reuters; China fines firms for using BMW-like trademark: media:

"A court in Shanghai ordered two Chinese firms and the founder of one of them to pay automaker BMW (BMWG.DE) 3 million yuan ($431,617.41) for registering trademarks similar to that of the German firm, the Shanghai Daily reported on Tuesday.

The ruling is the latest win for a large foreign firm in China, a sign that courts are taking trademark infringement more seriously in a country dogged with fakes of everything from clothing brands to entire shops."

Hamilton Producers Sue Over Copyright; Playbill, 10/8/16

Adam Hetrick, Playbill; Hamilton Producers Sue Over Copyright:

"Online t-shirt companies SunFrog and GearLaunch are being sued by the producers of Hamilton over copyright infringement. The show’s producers state that the companies have been selling bootleg t-shirts that utilize the show’s logo, according to TMZ.com."

U.S. man held for allegedly breaching trademark of Tokyo games logo; Japan Times, 9/28/16

Japan Times; U.S. man held for allegedly breaching trademark of Tokyo games logo:

"A U.S. citizen living in southwestern Japan has been arrested for trademark infringement through unauthorized use of a 2020 Tokyo Olympics and Paralympics logo, police said Wednesday.

David Roy Uhlstein, an assistant language teacher in Kumamoto Prefecture, is suspected of having sold five items such as mugs and smartphone cases bearing the logo for the Tokyo campaign to host the Games without the organizing committee’s permission, according to the police...

Uhlstein said he did not know that authorization by the Tokyo Organizing Committee of the Olympic and Paralympic Games was necessary to use the logo, the police said.

Uhlstein printed the logo by downloading it from the internet, attaching it to plain mugs and smartphone cases, and posting the items for sale through his own online store, according to the police."

Beyoncé sues Texas company over clothing with 'Feyoncé' label; Guardian, 4/5/16

Ciara McCarthy and Agencies, Guardian; Beyoncé sues Texas company over clothing with 'Feyoncé' label:

"Beyoncé is suing a Texas company to stop it from selling clothing and other items bearing the word “Feyoncé”, which she says is too close to her own trademarked name.

In a complaint filed in Manhattan federal court, Beyoncé accused Feyoncé Inc and three individuals, all from San Antonio, of “brazenly” selling infringing “Feyoncé” merchandise on their website.

The site sells shirts, sweatshirts and coffee mugs bearing the word. The singer said the Feyoncé knockoffs confuse consumers and cause her irreparable harm, and that the defendants have ignored her requests to stop. The singer previously threatened legal action against Etsy over a line of coffee mugs also bearing the word “Feyoncé”."

Speed beats trademarks on social media; Pittsburgh Post-Gazette, 3/29/16

Pittsburgh Post-Gazette; Speed beats trademarks on social media:

"Many companies assume that owning a registered trademark means they have a right to any usernames on social media that may be associated with their trademarks. But in the world of social media, the first person to register an account name often has the upper hand, regardless of trademark ownership.

In fact, many companies don’t own user names associated with their well-recognized brands. For example, the Twitter handle @Chipotle is not owned by the Mexican food franchise but by a food blogger named Chip. Likewise, a programmer owns @Velveeta and an actor uses @Advil.

Unless someone is purposely impersonating a company or selling similar products, companies can do little to stop people who registered a username related to their trademarks. Instead, companies must generate alternate usernames. For instance, Chipotle Mexican Grill’s username is @ChipotleTweets, the Kraft Heinz Co. tweets from @EatLiquidGold and Pfizer uses @AdvilRelief...

While trademarks are a powerful tool to protect intellectual property, they are no substitute for speedy registration on social media. Before unveiling a new name or product, companies should register relevant usernames on social media sites."

Adele tells Donald Trump to stop pinching her songs for his campaign; Guardian, 2/1/16

Mark Tran and Amber Jamieson, Guardian; Adele tells Donald Trump to stop pinching her songs for his campaign:

"Was there anything artists could do to make sure someone with completely different political views to them stays away from their music?

“Not really,” said Gordon."

Milano cookie battle: Pepperidge Farm sues Trader Joe’s over copyright infringement; Fox News, 12/7/15

Fox News; Milano cookie battle: Pepperidge Farm sues Trader Joe’s over copyright infringement:

According to a complaint filed on Wednesday in New Haven, Conn., federal court, the grocery chain’s version of a sandwich cookie, called Trader Joe’s Crispy Cookies, look too similar to the Milano cookie and the products’ sale is “damaging its goodwill and confusing shoppers,” reports Reuters.

Milano cookies, which were introduced to the market in 1956, are crispy oval-shaped vanilla cookies with a chocolate crème filling. Over the years, variations have been introduced, including mint chocolate, orange chocolate and even pumpkin spice. The cookie was trademarked in 2010."

C Train Cafe? Transit Agency May Put Up Fight M.T.A. Guards Against Copyright Infringement; New York Times, 8/23/13

Matt Flegenheimer, New York Times; C Train Cafe? Transit Agency May Put Up Fight; M.T.A. Guards Against Copyright Infringement: "Powered in part by the rise of online shopping, which has helped small-time entrepreneurs market their subway-inspired creations widely, the transit agency now issues up to 600 notices a year for copyright infringements to protect trademarks on train line logos and other system imagery. That represents a more than twentyfold increase since 2005...Subway, rail and bus maps are copyright protected, and each subway line symbol is a federally registered trademark. Even in borderline cases — where a business uses a subway logo, for example, but alters the color scheme slightly — the authority often has wide latitude in issuing infringement notices “if there’s reason for confusion,” Mr. Heavey said...In 2010, Nordstrom received a letter from the authority after a dress emblazoned with a subway map was found in its online catalog. Transit officials were “pleased” that Nordstrom recognized the map as “a clever, colorful design that is fit for a silk dress,” the letter said, but less pleased about the copyright breach. A spokeswoman for Nordstrom said the dress was no longer available."