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DC Comics v. Towle

Loeb & Loeb LLP
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USA
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February 22 2013

In action asserting copyright and trademark infringement claims related to defendant’s production and sale of Batmobile replicas, district court

Warner Brothers Entertainment v. The Global Asylum, Inc

Loeb & Loeb LLP
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USA
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December 20 2012

District court grants temporary restraining order enjoining release of Age of Hobbits film, finding that plaintiffs were likely to succeed on their trademark claims related to plaintiff’s motion picture The Hobbit

Washington v. National Football League

Loeb & Loeb LLP
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USA
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July 5 2012

District court grants NFL’s motion to dismiss class action filed by former football players alleging that, by not allowing the players the rights to game films and images from the games in which they played, the NFL is monopolizing the market for former players’ likenesses, in violation of antitrust laws

Louis Vuitton Malletier S.A. v. Warner Bros. Entertainment Inc

Loeb & Loeb LLP
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USA
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June 20 2012

District court grants defendant’s motion to dismiss trademark infringement action brought by Louis Vuitton against Warner Bros., holding that because defendant’s use of a “knock-off” version of one of plaintiff’s bags in the film The Hangover: Part II was artistically relevant, and because any confusion it might cause was due to third party’s infringing product and not to defendant’s film, defendant’s non-commercial use was protected under First Amendment freedom of expression

Zuffa, LLC v. Justin.tv, Inc

Loeb & Loeb LLP
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USA
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March 15 2012

District court grants in part and denies in part motion to dismiss non-copyright claims arising out of live streaming of UFC fight through defendant’s internet service, limiting plaintiff’s trademark claims only to the display of trademarks that were not an inherent part of the video broadcast, and holding that Communications Act did not apply to defendant’s purported conduct

CCA and B, LLC v. F W Media, Inc

Loeb & Loeb LLP
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USA
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October 12 2011

District court denies motion for preliminary injunction in a copyright and trademark infringement action brought by the publisher of the Christmas book The Elf on the Shelf, finding that defendant publisher’s book was a parody of plaintiff’s work and was sufficiently transformative to render it a fair use

Arenas v. Shed Media US Inc., USDC C.D. California, August 22, 2011

Loeb & Loeb LLP
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USA
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September 1 2011

Court denies plaintiff’s request for preliminary injunction and grants defendants’ Anti-SLAPP motion to strike, finding that plaintiff is unlikely to succeed on the merits of his claims for common law misappropriation of identify and trademark infringement, and that defendants’ reality television show is protected as an expression of their First Amendment free speech rights in connection with a matter of public concern

Fleischer Studios, Inc. v. A.V.E.L.A, Inc.

Loeb & Loeb LLP
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USA
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August 24 2011

Ninth Circuit withdraws previous opinion and enters new decision affirming district court’s grant of summary judgment in favor of defendants on copyright and image trademark claims in “Betty Boop” cartoon character, and reversing grant of summary judgment on trademark claim in words “Betty Boop.”

Mine o' Mine, Inc. v. Calmese

Loeb & Loeb LLP
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USA
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July 20 2011

District court grants summary judgment in favor of plaintiff, exclusive licensee of “Shaq” family of trademarks related to basketball star Shaquille O’Neal, and against defendants, who marketed t-shirts under the “Shaqtus” mark, on plaintiff’s trademark infringement and unfair completion claims

Crystal Entertainment & Filmworks, Inc. v. Jurado

Loeb & Loeb LLP
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USA
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July 20 2011

Circuit court affirms district court decision in action for infringement of unregistered trademark against defendant members of female dance band, Exposé, finding that plaintiff failed to show that it had acquired the trademark to the name Exposé, either through “prior use” or through its “joint endeavor” with defendants, as the defendant band members “controlled the qualities and characteristics that the public associates with the Exposé mark.”