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Trademark Infringement Get So “Lucky”

IP and Legal Filings

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. ” Actual confused. “Undetermined.” Not relevant.

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

SpicyIP

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. Cease and desist by Nick Youngson CC BY-SA 3.0

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TM laches where a band broke up "for now" but its music remained on Spotify etc.

43(B)log

Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches. Defendants, also based in New York formed their own Darkside in 2011, featuring an electronic, psychedelic musical style; their first album was self-titled. And the complaint conceded just that.

Music 59
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Role of Arbitration In Intellectual Property

Biswajit Sarkar Copyright Blog

2011) the “arbitrability of IPR disputes” was the subject of a notable ruling by the Hon. 2011 in relation to the personam problem arising out of rights in rem. The jurisdiction of the arbitral tribunal is not affected by the Trademarks Act or the Copyright Act. Arbitration in Intellectual Property. Supreme Court.

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where cross-examination exposes lack of TM confusion, out-of-court confusion "evidence" becomes less credible

43(B)log

In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. But trademark confusion? statements as evidence of confusion.