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Articles Posted in Lanham Act 43(a) – 15 USC 1125

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Court Dismisses Carroll Shelby’s Trademark and Trade Dress Lawsuit Against Factory Five Racing

Car racing legend Carroll Shelby sued Factory Five Racing in California last year for trademark and trade dress infringement (details here). The District Court in Los Angeles granted Factory Five’s motion and transferred the case to Massachusetts (details here and here). The Massachusetts District Court has now dismissed Shelby’s Daytona…

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Dr. Dre Sues Death Row Records, Now Owned By A Trademark Attorney – That’s Gangsta

LA, CA – Dr. Dre, whose real name is Andre Young, sued the new Death Row records for trademark infringement, breach of contract, violation of the right of publicity, and unfair competition. The complaint claims that nothing has changed at Death Row: “meet the new boss, same as the old…

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Major League Baseball Sues Upper Deck For Trademark Infringement And Unfair Competition Over Baseball Trading Cards

New York — Major League Baseball Properties sued the Upper Deck Company for trademark infringement, trademark dilution, unfair competition, and breach of contract because Upper Deck continues to print baseball trading cards after its license was terminated. A copy of the complaint is available here. MLBP pulls no punches and…

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Jury Trial Begins In Upper Deck Yu Gi Oh! Counterfeiting Case

UPDATE 1/27/2010: Upper Deck settles Yu Gi Oh! counterfeiting case. Details here. Los Angeles, CA – Despite the Court’s finding that Upper Deck counterfeited Yu Gi Oh! cards (details here) and advising the parties to settle the damages phase through mediation, the jury trial to determine damages has commenced (Court’s…

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Uncharitable Trademark Dispute Over Eagles Word and Design – Grand Aerie vs. Eagles Clubs

Los Angeles, CA – Grand Aerie of the Fraternal Order of Eagles (FOE) sued Eables Clubs International, Inc. and Eagles Clubs International Foundation, Inc. for trademark infringement and unfair competition. FOE is a non-profit fraternal organization that has been engaged in social, civic and charitable activities since the 1890’s. FOE…

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Shaquille O’Neal Files “SHAQTUS” Trademark Infringement Lawsuit In Las Vegas

Las Vegas, NV – Shaquille O’Neal has had numerous nicknames throughout his NBA basketball career. But his SHAQTUS nickname, which he assumed when he was traded to the Phoenix Suns in 2008, has become the prickly subject of a trademark infringement, cybersquatting, and right of publicity lawsuit. O’Neal has exclusively…

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UGG® Competitor Sued For Patent Infringement & Lanham Act Unfair Competition Over Boots

Los Angeles, CA – UGG® boot manufacturer, Deckers Outdoor, filed a patent infringement and unfair competition lawsuit against Claire’s Stores and CBI Distributing. UGG® boots have set a fashion trend with young ladies wearing the lamb-skinned boots – to keep their feet and calves warm – with shorts, thereby allowing…

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Court Rules That Upper Deck Sold Counterfeit Yu Gi Oh! Cards

UPDATE 1/27/2010: Upper Deck settles Yu Gi Oh! counterfeiting case. Details here. Los Angeles, CA – Yu Gi Oh! owner Konami sued Upper Deck, its former distributor, for selling counterfeit trading cards. (Details here) After hearing both parties’ motions for summary judgment, the Court found that Konami had “presented evidence…

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Jury Finds For Larry Flynt/Hustler On Trademark Infringement, But For Nephews On Rights Of Publicity

Los Angeles, CA – Larry Flynt sued his former employees and nephews, Jimmy Flynt, Jr. and Dustin Flynt, for trademark infringement for using the family name in their upstart pornography company. Details blogged here. Larry Flynt also made a claim for violation of his rights of publicity under California Civil…

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Purse & Handbag Designs Subject of Trade Dress Infringement Lawsuit

Los Angeles, CA – Purse and handbag designer Linea Pelle, Inc. filed a trade dress infringement and unfair competition lawsuit against Sabina Handbags & Accessories, Inc. In 2006, Plaintiff alleges that it created the “Dylan Collection” of handbags that “incorporates certain unique and distinctive designs, ornamentation and embellishments that, as…

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