California Intellectual Property Blog

Mandour & Associates, APC – California Intellectual Property Blog

#DEADMAU5 SUES #VAPE COMPANY FOR #TRADEMARK INFRINGEMENT

By Joseph Mandour on April 7, 2016

mouseLos Angeles – Electronic dance music star deadmau5 (pronounced “dead mouse”) is suing executives of an e-cigarette company for alleged trademark infringement. The DJ, whose real name is Joel Zimmerman, filed a federal lawsuit in California on March 31, 2016 saying West Coast Vape Supply is intentionally infringing on his deadmau5 trademark.

Zimmerman is alleging that the deadmodz vape brand is confusing deadmau5 fans who think Zimm Read the rest

TRUMP CAMPAIGN SUED FOR COPYRIGHT INFRINGEMENT FOR USING BALD EAGLE PHOTO

By Joseph Mandour on March 30, 2016

voteOrange County – Wildlife photographers Wendy Shattil and Robert Rozinski are suing Donald Trump’s campaign for copyright infringement, after one of their photos was found on merchandise for the GOP candidate. The Denver-based photographers claim their photo “Bald Eagle Portrait” has appeared on Trump campaign materials without their permission. Rozinski photographed the once-endangere Read the rest

U.S. SUPREME COURT WILL HEAR PATENT CASE BETWEEN APPLE AND SAMSUNG

By Joseph Mandour on March 24, 2016

apple-storeOrange County – It seems as though the battle between Apple Inc. and Samsung Electronics Co. has been going on forever. The two companies have been involved in quite a few legal battles, yet the patent case that dates back to 2011 is the highest profile case yet. The case goes something like this: Apple sued Samsung accusing it of copying the designs of its phones. The design patents include the rectangular and curved phone body, and th Read the rest

#GREATHARVEST FILES #TRADEMARK LAWSUIT AGAINST #PANERA OVER SLOGAN

By Joseph Mandour on March 17, 2016

breadSan Diego – Great Harvest Bread Company has filed a trademark lawsuit, alleging that Panera Bread’s new advertising campaign slogan is confusingly similar to Great Harvest’s corporate slogan.

Both companies are known for their baked goods, with Great Harvest operating more than 200 owner-operated stores and Panera operating close to 2,000 locations. Great Harvest’s corporate slogan is “Bread. The way it ought to be.” The company h Read the rest

KYLIE MINOGUE OPPOSES #KYLIE JENNER’S ATTEMPT TO #TRADEMARK “KYLIE”

By Joseph Mandour on March 9, 2016

musicLos Angeles – Two famous entertainers are beginning to battle over the trademark rights to the name “Kylie.” Reality TV star Kylie Jenner filed trademark applications for the name in May 2015, which Australian pop-star Kylie Minogue formally opposed in late February 2016.

Jenner applied for two trademarks, one would protect the name “Kylie” for advertising services and one would protect the name in regard to entertainment services. Minogue’s f Read the rest

#TEXASA&M AND #COLTS REACH SETTLEMENT IN #12THMAN #TRADEMARK DISPUTE

By Joseph Mandour on February 25, 2016

football1Orange County – As part of the settlement in the trademark lawsuit brought by Texas A&M University against the Indianapolis Colts, the Colts will no longer use the phrase “12th Man”. The phase, trademarked by Texas A&M University, was being used by the Colts without compensation or permission.

The term “12th Man” is used loosely in football culture to symbolize a connection between a team and its fans. Given a team is only allowed 11 players on the field, the phrase “12th Man” recognizes the fans’ impact and involvement as significant as if they were a player on the field.

The phrase originated in Texas A& Read the rest

#BURBERRY SUES #JCPENNEY OVER #TRADEMARK PATTERN

By Joseph Mandour on February 19, 2016

scarfLos Angeles – The British luxury fashion brand Burberry recently filed a trademark infringement lawsuit against American retailer J.C. Penney over its well-known “Burberry check” pattern. Burberry got the trademark to the check design in the 1920s, and has used it on numerous products since acquiring the trademark. Burberry claims that the checked pattern has become famous and generally designates the source of its products.

Burberry claims that J. Read the rest

#CARDIFFKOOK SURFER STATUE IS CENTER OF #COPYRIGHT LAWSUIT

By Joseph Mandour on February 12, 2016

waveSan Diego – The Cardiff Kook statute proudly stands near one of the most popular surf breaks in San Diego, California, where over the years it has become most famous for being the target for a variety of pranks which usually take the form of the statue being dressed in unique outfits. It addition to this ridicule, it is now the focus of a lawsuit.

The image copyright of the statue belongs to Cardiff 101 Main Street, a non-profit organization working to promote the Cardiff by the Sea community. The organization obtained the copyright when the statue’s creator, Matthew Antichevich, transferred the copyright over to it when the statue was built in Read the rest

#LEBRON AND #KOBE TATTOOS LEAD TO #COPYRIGHT LAWSUIT OVER #NBA2K16 VIDEOGAME

By Joseph Mandour on February 5, 2016

tattooLos Angeles – The tattoos of NBA stars such as LeBron James and Kobe Bryant are the focus of a copyright lawsuit filed by Solid Oak Sketches, a company that owns the copyright of those tattoos featured on the NBA 2K16 videogame. Solid Oak Sketches argues that Take-Two Software, the creator of the video game, reproduced the tattoo designs without authorization. The NBA players who have the tattoos themselves are not involved in the lawsuit.

The tattoos in focus are featured throughout the game, as well as serving a key role in advertising for the game. Solid Oak Sketches is seeking $800,000 in damages for copyright infringement and has stated Read the rest

#CHARGERS FILE FOR LOS ANGELES CHARGERS #TRADEMARK

By Joseph Mandour on January 26, 2016

football1San Diego – The San Diego Chargers recently applied for the “Los Angeles Chargers” trademark, a sign that the Chargers have a bona fide intent to leave San Diego and move to Los Angeles. The Chargers filed trademark application for both “Los Angeles Chargers” and “LA Chargers” because they are currently in negotiations for a potential move to Los Angeles.

The St. Louis Rams already received approval from the NFL to move to Inglewood (about 10 miles from downtown Los Angeles), but the San Diego Chargers were granted one year to reach an agreement with the Rams to share the Inglewood stadium. If they reach an agreement, the Charge Read the rest

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