Monthly Archive: April 2009

Linden Labs, the host of the immensely popular site Second Life, an online virtual world, has been sued in an Arizona district court for trademark infringement and unfair competition. The complaint, filed by Taser International, makers of non-lethal (and sometimes lethal) weapons, claims Linden Labs allows third parties to sell TASER guns inside the virtual …

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Permanent link to this article: http://cobaltlaw.com/linden-labs-gets-zapped-in-lawsuit-by-taser-for-hosting-the-sale-of-virtual-goods-that-look-like-the-real-thing/

On the heels of releasing its new advertising guidelines, the FTC is wasting no time in going after individuals and companies it believes have crossed the line in their advertising practices. Long a thorn in the side of the FTC, the weight loss market is taking the first hit. Last month, the FTC sought injunctive …

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Permanent link to this article: http://cobaltlaw.com/ftc-wants-the-skinny-on-hoodia-weight-loss-claims-charges-defendants-with-false-advertising-for-diet-supplement-claims/

OpBiz, LLC hearts The TTAB, which ruled recently that OpBiz’ application to register HEART for “cocktail lounges, restaurant and bar services” was not confusingly similar to the registration KOKORO for “restaurant service.” In deciding the matter, the TTAB underscored a position it has taken in the past, namely, that the doctrine of foreign equivalents may …

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Permanent link to this article: http://cobaltlaw.com/ttab-has-a-heart-for-applicant-finding-the-mark-is-not-the-foreign-equivalent-of-the-japanese-trademark-kokoro/

The Coalinga Recorder and the local namesake high school were vindicated after the Court of Appeals in the Fifth District ruled that the paper’s reprinting of a tirade from a “MySpace” page was not an invasion of the page owner’s privacy. The court found that “the article was available to anyone with Internet access.” Turns …

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Permanent link to this article: http://cobaltlaw.com/online-is-not-vegas-central-valley-court-rules-what-happens-there-at-least-on-myspace-doesnt-stay-there/

By now, most of the world has heard about this: The latest app on the Apple App-Store, which sold for $0.99 invited buyers to “See how long you can endure his or her adorable cries before you just have to find a way to quiet the baby down!” Shake your phone, and the baby stops …

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Permanent link to this article: http://cobaltlaw.com/the-offensive-shaken-baby-iphone-applet-what-can-companies-learn/

The attached is a presentation I gave at the Food Marketing Association Legal Conference in San Antonio. We had a good time and covered lots of topics. At the end of the day, we hit upon a few important take-away pieces of information: 1. The Social Networking/Social Media (“SM”) boom is not going away. People …

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Permanent link to this article: http://cobaltlaw.com/social-media-whassup-you-know-legally/

In a huge victory for U.S. copyright owners (including Warner Bros, Sony Music Entertainment, EMI, and Columbia Pictures) in their longstanding battle against The Pirate Bay, the largest BitTorrent file-sharing web site, a court in Stockholm, on Friday, convicted the four site owners to one year in prison and a fine of about $3.5 million …

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Permanent link to this article: http://cobaltlaw.com/pirates-still-in-the-news-today-court-in-sweden-sentences-to-prisonfines-the-owners-of-pirate-bay-the-largest-p2p-file-sharing-website/

On March 16, 2009, Parfums Nina Ricci filed suit against National Entertainment Collectibles Association, Hot Top, and others, for design patent infringement, trade dress infringement, and other common law unfair business practices, stemming from Nina Ricci’s rights in an apple-shaped bottle containing the fragrance “Nina” (the “Nina Bottle”), for which it has a U.S. design …

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Permanent link to this article: http://cobaltlaw.com/something-stinks-nina-ricci-sues-for-patent-and-trade-dress-infringement-for-perfume-bottle-design-taking-two-bites-of-the-ip-apple/

On March 19, 2009, The Hershey Company, et al. filed suit in the Northern District of West Virginia against Reese’s Nursery and Landscaping, alleging federal trademark infringement, false designation of origin, federal trademark dilution, and unfair competition. At issue is the Defendant’s alleged use of the REESE’s trade dress, i.e., “the REESE’S brand name in …

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Permanent link to this article: http://cobaltlaw.com/hershey-protects-its-reeses-brand-defendant-sees-what-brown-orange-can-do-for-you/

Have you ever had one of those really good soft oatmeal cookies that comes in the pretty red package that looks like this: Well, the company, Archway Bakeries, LLC, invested a lot of time and money in creating and marketing its trade dress (i.e. the look and feel of it packaging) and was piping hot …

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Permanent link to this article: http://cobaltlaw.com/thats-the-way-the-cookie-crumbles-court-grants-preliminary-injunction-against-cookie-company-for-trademark-infringement-based-on-trade-dress-packaging/

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