Tootsie Roll v. Footzyrolls
By Maria Cheung
Reviewed by Jennifer Williams
The Chicago based candy giant Tootsie Roll Industries (“Tootsie”) is suing Rollashoe, a small footwear company that makes rollable ballet slippers, for trademark infringement. According to the lawsuit filed in federal court in Illinois, Rollashoe whose shoes are marketed under the name Footzyrolls, is infringing on the brand name of Tootsie Roll.
Porn Studio Sues HTC
By: Maria Cheung
Vivid Entertainment, a porn studio, claims that HTC, the company that manufactures Android phones, has infringed its trademark in the name Vivid by using the mark for one of its newest smartphones, the HTC Vivid. Vivid Entertainment has threatened to sue the electronic company for trademark infringement and trademark dilution. It has most recently issued HTC a cease and desist letter on this matter.
INTA Files Amicus Brief on Behalf of Christian Louboutin
By Jaiana Casanova
Reviewed by Kyu Hee Chu
As the Christian Louboutin v. Yves Saint Laurent saga continues, following Tiffany’s, the International Trademark Association (INTA) has filed an amicus brief with the United States Court of Appeal for the Second Circuit in support of Christian Louboutin’s famous red-sole. In this brief, INTA argues that the lower court’s decision for preliminary injunction should be vacated and remanded on the basis that the court erred in its analysis of the validity of the trademark and that they did not properly apply the aesthetic functionality doctrine.
When Opinions Can Get You In Trouble
By Alison Parker
Reviewed by Jennifer Williams
I studied journalism in college and if I learned anything, it was that as journalists, we hold ourselves out to be the fourth branch of government; it is our duty to objectively report the state of affairs in an informed and unbiased manner. Sure, a lot of news out there today may appear to be a bit liberal or a bit conservative, and some sources are definitely sensational at times. But despite attempts to sell papers, or in this day and age, to get clicks, the journalistic oath remains in tact. There are certain jobs where giving your two bits is acceptable, but being a journalist certainly isn’t one of them.
Selena Gomez’s Crazy Stalker Drama
By Alison Parker
Reviewed by Jennifer Williams
Selena Gomez was denied a permanent restraining order in court–but not because her stalker wasn’t deemed threatening enough, but because he failed to appear in court. Although 36-year-old alleged stalker Thomas Bronicki has been released from jail, he currently resides at a psychiatric ward in an unnamed hospital in Los Angeles. The judge did, however, extend Ms. Gomez’s temporary restraining order so that she could have some protection in the meantime until the next hearing, which is scheduled for January 6. If Mr. Bronicki appears for that hearing, the judge will then determine whether a permanent restraining order, which can last for 1-3 years subject to renewal, is warranted.
Casey Anthony’s Prosecutor Tells All
By Alison Parker
Reviewed by Jennifer Williams
The Casey Anthony trial was a media frenzy and has continued to be a subject of fascination even after the delivery of the verdict. One of prosecutors at Anthony’s trial, Jeff Ashton, recently published a book about the trial, called Imperfect Justice: Prosecuting Casey Anthony. The book discusses certain evidence that did not get into court, Casey’s different versions of what happened to her daughter, and even goes as far as to call the defense team “liars.” In an Orlando Sentinel article, Ashton told reporters that he thought that “most attorneys would find many of the things [he talked about] in the book to be ethically objectionable” and suggested that it may be subject to ethics probes in the future. While I haven’t read the book, this statement got me curious. Why would an attorney knowingly do something that he felt would subject him to an ethics probe?
Who will get to say “YUP” in music and TV?— The legal battle over a simple utterance
By Kelli Coughlin
Reviewed by Jennifer Williams
We’ve all become accustomed to various catchphrases that have become increasingly used and recognized in our popular culture. But never before has this blogger recognized the word “YUP” as one of these so called catchphrases.
Last week, rapper and hip hop artist Trey Songz was sued by Dave Hester, who is the star of the reality series “Storage Wars” on A&E. But this lawsuit is the just the intermediary between these two entertainers who are battling for use of the word. Trey Songz had previously sent a cease and desist letter to Hester that demanded the reality star to immediately refrain from using the phrase “YUP” in his television show, in addition to abstaining from selling merchandise that depicts the word.
Andy Samberg Sued for Copyright Infringement
By Maria Cheung
Reviewed by Jennifer Williams
Comedian Andy Samberg is facing a copyright lawsuit over his Saturday Night Live (“SNL”) digital shorts “Shy Ronnie” and “Like A Boss.” The lawsuit was filed in a New York federal court in early November by St. Louis musicians and production team Aleric “Rick tha Ruler” Banks and Monique Hines against Samberg, The Lonely Island (Samberg’s comedy troup/band), SNL, Universal Republic Records and NBC Universal for willful copyright infringement and unjust enrichment. According to court documents, Banks and Hines claim they created and copyrighted the music that formed the basis for “Shy Ronnie” and “Like A Boss.”
RIM Sued Over BBX, the Name of the Next BlackBerry OS
By Maria Cheung
Reviewed by Jennifer Williams
It looks like more bad news for Research In Motion (“RIM”). After a debilitating global Blackberry outage last month, which affected users’ email and internet services, the company is now involved in a trademark lawsuit. A software company that owns a trademark to the name BBX filed a lawsuit late last month against RIM, which is using the name for its next-generation operating system for Blackberry smartphones and tablets.
Patent Lawsuit Over Android
By Alison Parker
Reviewed by Jennifer Williams
Microsoft sued Barnes & Noble for patent infringement back in March, after the two failed to agree to licensing terms for Microsoft’s patents. The lawsuit claims that B&N’s NOOK and NOOK Color Tablets infringe on five of Microsoft’s user interface patents. Barnes & Noble says the patents Microsoft owns supply a “trivial and non-essential design element” of the Android phone–if that claim is found to be true, then the patents would be invalid. B&N also claims that the licensing fee Microsoft charges is equal to what Microsoft charges for the use of its Windows Phone OS. Nevertheless, many retailers who sell the Android phone have agreed to Microsoft’s licensing terms, but B&N adamantly refuses. So far, HTC, Samsung and Amazon have all agreed to sign licensing agreements with Microsoft.
