Featured Articles

Microsoft Settles with Alleged Australian Cybersquatters

Michael Atkins
August 20, 2008 02:59

In April, Microsoft Corp. sued Trellian Pty. Ltd. of Australia and other defendants in King County Superior Court for cybersquatting, trademark infringement, false designation of origin, and other trademark claims related to the defendants’ alleged registration of domain names that are...

AAA Sues AAA over AAA

Michael Atkins
August 27, 2008 03:39

On Aug. 22, the American Automobile Association filed a trademark infringement suit in the Western District against Tacoma-based AAA Insurance Inc. The mark at issue? Take a wild guess. Plaintiff registered AAA as a trademark in 1967 for “automobile association services”; AAA...

Recent Articles

That's Not Fair! What Your Competitor Can't Do in Competing with You

Michael Atkins
March 20, 2012 04:56

Yesterday’s post was about false advertising, which got me thinking…. What are the things a competitor can’t do in competing with you to make a sale? Here’s a quick rundown: -It can’t create a likelihood of confusion with you, if you came first. This is the essence...

Ninth Circuit Affirms False Advertising Finding Against Skydiving Marketer

Michael Atkins
March 19, 2012 04:38

Skydive Arizona, Inc., has sold skydiving services under its SKYDIVE ARIZONA trademark since 1986. Cary Quattrocchi, Ben Butler, and others, d/b/a 1800SkyRide (“Skyride”), operate an advertising service that makes skydiving arrangements for customers and issues certificates that can be...

Court Denies Preliminary Injunction in Trademark Case about Infant Pillows

Michael Atkins
March 14, 2012 05:21

Plaintiff AR Pillow, Inc., makes pillows designed to reduce acid reflux in infants. Defendant Annette Cottrell owns pollywogbaby.com, is a former distributor of plaintiff’s pillows, and sells pillows that compete with plaintiff’s pillows. Plaintiff sued Ms. Cottrell for trademark...

False Advertising Claim Over Surf Boards Rides Litigation Wave to Seattle

Michael Atkins
March 12, 2012 04:36

A false advertising claim over competing stand-up paddle boards has ridden the litigation wave all the way to Seattle. On March 9, plaintiffs Jimmy Lewis and Fuacata Sports LLC filed suit against competitors Trident Performance Sports Inc. and Starboard World Limited, alleging that defendants...

Western District Finds Song Title Generic, Dismisses Trademark Claim

Michael Atkins
March 08, 2012 06:27

The song title “Mom Song” isn’t protectable as a trademark, Western District Judge Ricardo Martinez found last month. He granted summary judgment in favor of comedian Anita Renfroe, who moved to dismiss comedian Frank Coble’s false designation of origin claim alleging that...

Different Look Didn't Turn Functional Design into Protectable Trade Dress

Michael Atkins
March 06, 2012 04:43

It doesn’t happen terribly often. In fact, I don’t think it happens nearly enough. Awarding the prevailing party attorney’s fees in a trademark case, that is. But that’s what happened in Secalt S.A. v. Wuxi Shenxi Const. Mach. Co., Ltd., 668 F.3d 677 (9th Cir. 2012), where...

The First Sale Doctrine Protects the Right to Resell Genuine Goods

Michael Atkins
February 29, 2012 06:05

Can a trademark owner stop you from re-selling its branded good? In other words, can Tiffany stop sellers on eBay from selling Tiffany-branded rings to purchasers who want to buy used product? (What a boon to Tiffany if you had to go to its stores to buy Tiffany-branded jewelry! But what bust for...

Last Post about China (for Now)

Michael Atkins
February 27, 2012 05:56

Last post about China, for now. But I return in June with a UWSL program, so there’ll be more then. Anyway, I saw this poster when leaving China on my way back to Hong Kong.  I’ll leave snark to others. The U.S. and China both have a long way to go to get counterfeiting and piracy...