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EA edges out a victory

Pillsbury Winthrop Shaw Pittman LLP
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USA
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October 19 2010

EA has defeated Edge Games' attempt to broadly assert rights in the word "EDGE" in connection with video games

The Jumpitz Corp. v. Viacom International, Inc.

Loeb & Loeb LLP
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USA
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August 25 2010

Addressing Viacom’s trade dress infringement claim based on a children’s performance group’s use of an animated graphic depicting an orange shooting star splattering, district court finds that the Sleekcraft factors weigh in favor of finding a likelihood of confusion with Viacom’s orange “splat” logo used by Nickelodeon but enters judgment in favor of performance group on the trade dress claim based on Viacom’s asserted “visual system” combining a color scheme with particular shapes because Viacom did not demonstrate that the system was nonfunctional or had acquired a secondary meaning

Not a satisfied customer? Sue.

Fox Rothschild LLP
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USA
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November 5 2010

If a business advertises that your business is a satisfied customer of theirs, and it isn't, you can sue for violation of the Lanham Act

Adult site offline after lawsuit by Facebook

Duane Morris LLP
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USA
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November 2 2010

'ebook filed its complaint against this adult site in the United States District Court for the Northern District of California

Masters Software, Inc. v. Discovery Commc’ns, Inc

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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August 30 2010

The Western District of Washington issued a preliminary injunction against defendant Discovery Communications, prohibiting it from using CAKE BOSS as the title of its reality television program about baker Buddy Valastro and his bakery in New Jersey beyond the third season

Extraterritorial application of the Lanham Act is California Dreamin’

McDermott Will & Emery
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USA
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August 27 2010

The U.S. Court of Appeals for the Ninth Circuit intervened in a battle between two “Beach Boys” involving Lanham Act claims and California right of publicity claims, concluding in a case in which the plaintiff alleged conduct occurring in Great Britain affected U.S. commerce

Federal judge denies Everest Gaming ’s injunction bid for WSOP 2010

Lewis and Roca LLP
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USA
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August 24 2010

On August 20, 2010, Nevada federal district Judge James Mahan denied Everest Gaming Limited's motion for a preliminary injunction to stop Harrah's Interactive Entertainment, Inc’s continued use of the EVEREST POKER trademark in connection with the 2010 World Series of Poker

A “never ending” lawsuit

Manatt Phelps & Phillips LLP
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USA
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November 10 2010

A TGI Friday's franchisee was sued over its promotion for "never ending shrimp" by Darden Restaurants, the owner of the Red Lobster and Olive Garden brands, claiming that the shrimp promotion infringes its "never ending pasta bowl" (at the Olive Garden) and "endless shrimp" (at Red Lobster) trademarks