Showing posts with label trademark infringement suit. Show all posts
Showing posts with label trademark infringement suit. Show all posts

Friday, June 24, 2016

Moonshine Maker Loses ‘Kentucky’ in Legal Battle With University; New York Times, 6/23/16

Sheryl Gay Stolberg, New York Times; Moonshine Maker Loses ‘Kentucky’ in Legal Battle With University:
"The university — whose Wildcats basketball team brings in millions of dollars in revenue each year — says it does; in 1997, it trademarked the word “Kentucky” for use on clothing. When Mr. Fultz opened shop last October in his home city, Whitesburg, and tried to trademark his business name, the university tried to block him from doing so for apparel. Officials said they mostly hoped to open negotiations with Mr. Fultz to keep him from marketing “Kentucky Mist Moonshine” T-shirts in the school’s signature colors of royal blue and white.
Instead, Mr. Fultz filed suit. But on Thursday, a federal court in Lexington sided with the university and dismissed his case.
In a 32-page ruling, Judge Danny C. Reeves of the United States District Court for the Eastern District of Kentucky accepted the university’s arguments that it was immune from being sued, and that Kentucky Mist had no standing to bring the case."

Friday, July 23, 2010

Yeeeehaw! Naked Cowboy, Cowgirl in Federal Court Standoff; Wall Street Journal, 7/22/10

Clifford Marks, Wall Street Journal; Yeeeehaw! Naked Cowboy, Cowgirl in Federal Court Standoff:

"Our favorite naked, litigious cowboy is back at it.

When last we checked in, Robert Burck, better known as the Naked Cowboy, had filed suit against the Mars candy company for broadcasting an ad of an M&M dressed in revealing cowboy apparel. (The suit settled for undisclosed terms at the end of 2008.)

Now, the Times Square street performer famous for his skimpy, Western outfit (just cowboy boots, a hat, and a pair of briefs) is suing someone a little closer to his line of work: the Naked Cowgirl. Her shtick is similar to that of Burck’s — strolling the streets of Times Square with her guitar, clad in an outfit that, well, leaves little to the imagination.

An attorney for Burck told the New York Daily News that the Naked Cowgirl (real name Sandra Brodsky) is creating confusion and destroying Burck’s brand. And not only that. The suit, filed Wednesday in Manhattan federal court, alleges that Brodsky is tarnishing the Naked Cowboy’s wholesome image:

“She has been observed using visual profanity (flipping the bird at the camera) when photographing with people in Times Square,” the lawsuit states. “This is inconsistent with the manner in which the Naked Cowboy conducts business.” Click here, also, for the NY Post article.

Oh, my. The New York Daily News couldn’t reach Brodsky for comment."

http://blogs.wsj.com/law/2010/07/22/yeeeehaw-naked-cowboy-cowgirl-in-federal-court-standoff/