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Gibson Guitar Corp. v. Viacom International, Inc.

Loeb & Loeb LLP
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USA
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March 14 2013

District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for alleged unauthorized use of its trademark

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

Winchester Mystery House, LLC v. Global Asylum, Inc

Loeb & Loeb LLP
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USA
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November 1 2012

California court of appeal affirms grant of defendant’s motion for summary judgment, finding that defendant established First Amendment defense under the Rogers test to claims of trademark infringement and unfair competition

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

John Wiley & Sons, Inc. v. Kirtsaeng

Loeb & Loeb LLP
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USA
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August 24 2011

Second Circuit affirms judgment in favor of publisher, holding, as a matter of first impression, that the first sale doctrine does not apply to works manufactured outside of the United States

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