May 12, 2008

Los Angeles, CA: Trademark And Copyright Attorneys For Guru Denim/True Religion Apparel Sue To Stop Copying Of Jeans And To Protect Against Fakes/Counterfeits

Los Angeles, CA – Trademark and copyright attorneys for Guru Denim, a subsidiary of True Religion Apparel, filed a trademark infringement, copyright infringement, and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint at the Federal District Court in Los Angeles to stop copying of its jeans and sales of fakes and counterfeits. Guru Denim has sought copyright, patent, and trademark protection on its garments and jeans. Guru Denim owns U.S. Patent No. D547530 for the stitch pattern applied to True Religion Brand Jeans pants. Guru Denim owns two U.S. Copyright Registrations for the True Religion Brand Jeans Designs, Copyright Certificate of Registration numbers VA1-192-834 and VA1-301-845.

attorneys-jeans-denim-apparel-copying-trademark-design-copyright-patent-true-religion.jpgGuru Denim owns a USPTO registered trademark for the “True Religion Brand Jeans World Tour Fashion for the Senses Section Row Seat.” Also, Guru Denim “owns registered United States trademarks in the pocket stitching pattern that appears on True Religion Brand Jeans pants and the overall stitching pattern on the front of True Religion Brand Jeans pants.” Guru Denim also has 4 USPTO registered trademarks for “True Religion Brand Jeans” with assorted designs. Finally, Guru Denim has registered its “True Religion” word marks with the USPTO. Guru Denim’s “line of ‘super-premium’ denim wear, which ranges in retail price from $170.00 to in excess of $300.00, is acclaimed in the fashion industry due to its famous name recognition which represents quality and distinguished craftsmanship. Each piece of clothing or pair of denim distributed under the Mark bears an emblem of a smiling Buddha strumming a guitar and, in some occasions, is elaborately embroidered.”

Guru Denim discovered that numerous defendants were selling allegedly fake and counterfeit jeans on their Websites. The complaint asserts that Guru Denim's investigator purchased a True Religion pair of jeans from the denimbutt.com website for $129.00 plus a shipping cost of $1.95, where the defendant causes confusion by claiming that it is “committed to selling only first-quality, genuine designer fashions (sic) items, clothes and accessories.” The complaint continues that Guru Denim’s “inspection of the purchased item using security measures confirmed that the item Defendants sold to the investigator was in fact a counterfeit pair of True Religion Brand Jeans denim pants.”

The complaint asserts the following causes of action: (1) Federal trademark infringement under 15 U.S.C. §1114; (2) Federal copyright infringement under 17 U.S.C. §501; (3) False designation of origin under 15 U.S.C. §1125(a); (4) Trademark dilution under 15 U.S.C. §1125(c) and California Business & Professions Code §14330; (5) Common law copyright infringement under California Civil Code §980; (6) Unfair business practices under California Business & Professions Code §17200; and (7) Unjust enrichment. The case is titled Guru Denim, Inc. v. Simon Halwani, et al., CV 08-02803 FMC (C.D. Cal. 2008).

PRACTICE NOTE: Guru Denim has used different forms of intellectual property to provide the broadest possible scope of protection to its products and business. Patent, trademark and copyright protection can overlap and protect different aspects of the same product and prevent unfair competition and infringing conduct that can affect your business.

The complaint lists the following additional defendants: thedenimbutt.com, Jeans & Company, Joymic Corp., Digitally Discovered, Joseph Barsano, thedenimspa.com, denimliquidators.com, denimbuys.com, Denim Buy Liquidators, Jizzle Tech, and lovebubbleclothing.com.

May 9, 2008

Trademark Attorneys For Professional Photographers’ Association Sued A Competitor For Infringement Of USPTO Registered Trademarks “Image USA” and “Image Expo” Used For Trade Show Services

Los Angeles, CA – Trademark attorneys for Professional Photographers of America, Inc. filed a trademark infringement and unfair competition lawsuit at the Federal District Court in Los Angeles, alleging infringement of Professional Photographers’ USPTO registered trademarks for Imaging USA and Imaging Expo. The complaint states that since 1999, Professional Photographers has used the Imaging USA trademark for trade shows in the field of professional photography and has used the Imaging Expo trademark since 2004 for trade shows.

photograph-trademark-copyright-imaging.bmpPlaintiff asserts that Defendant “Rangefinder intends to use the designation World Imaging Expo for tradeshows in the field of professional photography” and that Plaintiff became aware of the competing tradeshow when it discovered a copy of the World Imaging Expo convention program guide. Professional Photographers also discovered that Rangefinder had filed an intent-to-use trademark application with the USPTO. Professional Photographers asserts that it sent a cease and desist letter to Rangefinder over the use of the World Imaging Expo trademark, but Rangefinder refused to withdraw its pending trademark application or stop using the trademark. Thus the complaint was filed asserting causes of action for federal trademark infringement under 15 U.S.C. § 1114, false designation of origin and false representation under 15 U.S.C. § 1125(a), and unfair competition under California common law and statutes. The case is titled Professional Photographers of America, Inc. v. Rangefinder Publishing Co., CV08-02324 SVW (C.D. Cal. 2008).

PRACTICE NOTE: A proposed trademark does not have to be identical to another party’s previously registered or used trademark in order to prove infringement. If there is going to be a “likelihood of confusion” between the two trademarks, a Court will enjoin the junior trademark owner’s use of the “confusingly similar” trademark. For example, the trademark Red Shield for insurance services was held to be confusingly similar with the previously registered Blue Shield® trademark.

May 6, 2008

Los Angeles Patent Attorneys For Nike Filed Design Patent Infringement, Trade Dress Infringement, and Lanham Act 43(a) Unfair Competition Lawsuit Over Sales Of Allegedly Copycat Air Jordans – 15 U.S.C. 1125

Los Angeles, CA – Nike’s patent attorneys filed a patent infringement, trade dress infringement, and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint at the Federal District Court in Los Angeles. Nike’s complaint recounts the beginning of Nike’s relationship with Michael Jordan and his endorsement deal, which resulted in the creation of the most famous signature shoe of all time – the Air Jordan®. When the shoes first debuted in 1985, they were initially banned by the NBA for the bold styling and color, but Michael Jordan incurred fines of $5,000 per game and wore his famous shoes. Every year thereafter, Nike unveiled a new Air Jordan model, which models have become collectors’ items and fans often line up to purchase new designs and limited re-releases of previous styles. Nike has protected the new designs of the shoes by obtaining design patents, trademarks, and trade dress rights.

The Air Jordan® VII shoe, which Jordan wore during the 1992 Olympics, was awarded U.S. Patent No. Design 325,291. The Air Jordan® XI shoe, considered one of the most popular shoes of all-time, was awarded U.S. Patent No. Design 371,898. The Air Jordan® XII shoe, which Jordan wore against the Jazz when he was ill with the flu, was awarded U.S. Patent No. Design 380,082. The Air Jordan® XIII shoe, which has sold more than 2 million pairs in the U.S., was awarded U.S. Patent No. Design 387,591 and U.S. Patent No. Design 387,850. Nike alleges that the Defendant “has sought to make a name for itself not through its own innovation, strategic investment, and design, but by explicitly appropriating the patented design and trade dress of not one, but four separate models of Air Jordan® shoes.” The complaint asserts that the Defendant “has copied the design and trade dress of the entire “upper” of each of these shoes, including the unique shape of the leather on the inside and outside of the shoe . . . the iconic lacing with exterior webbing on the shoe upper . . . the sunburst design . . . and the unique shape of the leather on the inside and outside of the shoe upper…”
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The case is titled Nike, Inc. v. Not For Noth’N LLC, aka Gourment, CV 08-1894 RGK (C.D. Cal. 2008).

PRACTICE NOTE: Nike has used both design patents and trade dress rights to protect its shoes’ designs. Trade dress protection continues in the design so long as the trade dress is being used by the owner; whereas, design patents expire after fourteen years. Thus, although one of Nike’s design patents has actually expired and is unenforceable, Nike can still prevent the copying of the Air Jordan® VII design by asserting its trade dress rights therein.

April 30, 2008

Los Angeles, CA: Trademark Infringement Lawsuit Filed By Chanel To Stop Sales Of Allegedly Counterfeit Purses And Handbags: Attorney

Los Angeles, CA – Trademark attorneys for Chanel, Inc. filed a trademark infringement lawsuit in Federal District Court in Los Angeles alleging sales of counterfeit handbags and purses and asks the Court to stop the infringement. Chanel has used its Chanel and CC Monogram trademarks for many years on accessories, including handbags, purses, and wallets. Chanel owns numerous Chanel related trademarks and has federally registered them with the USPTO. Chanel’s brand/trademarks “are symbols of Chanel’s quality, reputation, and goodwill and have never been abandoned.”

chanel5.jpgThe complaint alleges that defendants are selling lower quality imitations of Chanel’s handbags and wallets, which bear counterfeit Chanel trademarks. The complaint asserts that the Defendants are offering the counterfeit goods on their websites: www.gqbags.com and www.ultimatehandbags.com. The websites offer handbags for sale that are substantially less expensive than authentic Chanel products. “The net effect of the Defendants’ actions will be to result in the confusion of consumers who will believe the Defendants’ Counterfeit Goods are genuine goods originating from and approved by Chanel.” Chanel believes that the defendants are engaging in the sale of counterfeit goods intentionally and willfully. The complaint alleges causes of action for trademark infringement and counterfeiting under section 32 of the Lanham Act, 15 U.S.C. § 114, and false designation of origin and unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). The case is titled: Chanel, Inc. v. Kimberli Hunter, et al., CV08-02226 GHK (C.D. Cal. 2008).

April 25, 2008

Creative Artists Agency (“CAA”) Filed Trademark Infringement Lawsuit Against Media/Marketing Company In Los Angeles District Court: Attorneys

Los Angeles, CA – Trademark attorneys for Creative Artists Agency (“CAA”) filed a trademark infringement lawsuit in Federal District Court in Los Angeles against a media/marketing company. CAA is a well known talent agency and has used the registered CAA trademarks for over thirty years. CAA also uses the www.caa.com and www.sports.caa.com as domain names. The trademark, “the logo and the domain names are all used in connection with talent agency services, literary agency services, sponsorship services, marketing and communication services and sports agency services.”

CAA.jpgCAA alleges that the defendants commenced business as CAA-Media in 2003 and “began using the website www.caa-media.com in connection with media buying and media consulting, which is closely related to the services offered by CAA. CAA also continues that defendants “use the designation ‘CAA’ in stylized red lettering, which is nearly identical to CAA’s distinctive mark.” CAA discovered defendant’s use of the allegedly infringing trademark when a CAA employee was informed by a friend that they were hired by defendants CAA-Media. CAA sent a cease and desist letter to defendants which also requested the transfer of the defendants’ CAA domain names. The complaint alleges that instead of ceasing the infringing use, the defendants filed a trademark application with the USPTO for the CAA trademark. The complaint asserts the following causes of action: (1) Federal trademark infringement under 15 U.S.C. § 1114; (2) Federal trade name infringement and false designation of origin under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Federal trademark dilution, 15 U.S.C. § 1125(c); (4) Cyberpiracy under 15 U.S.C. § 1125(d); (5) California common law unfair competition; (6) Unfair competition under Cal. Bus. & Prof. Code § 17200; (7) Injunctive relief; and, (8) Declaratory relief. The case is titled Creative Artists Agency, LLC v. Chessen & Associates, Inc. et al., CV08-02309 SVW (C.D. Cal. 2008).

April 23, 2008

Godzilla Apparently Doesn’t Like Subway Sandwiches And Sues For Trademark And Copyright Infringement

Los Angeles, CA – Godzilla knocked over buildings and stomped its way to the Federal District Court in Los Angeles to file suit against Subway because it’s furious over the use of its image in Subway restaurant commercials, which sandwiches it apparently doesn’t enjoy or endorse. Maybe Megalon, Godzilla’s nemesis, is interested in the gig? Toho Co., the owner of the Godzilla franchise, sued Doctor’s Associates, Inc., the owner of the Subway sandwich empire, for trademark infringement and copyright infringement for use of the Godzilla character in its “Five Dollar Footlong” sandwich commercials. “The commercial at issue, which was created for Subway by advertising agency McCarthy Mambro Bertino, LLC in support of Subway’s ‘Five Dollar Footlong’ sandwich promotion, features Godzilla attacking a Japanese city and then endorsing the sandwich by spreading his hands a foot apart.” The advertising agency is also sued as a defendant.

“At no time did Defendants seek or obtain Toho’s permission or consent to use or feature the Godzilla Character or any substantially or confusingly similar character in the Commercial.” Apparently, when Toho learned of the commercial, it demanded the defendants cease airing the commercial. “Rather, defendants have continued airing the Commercial on popular television programs, including the NCAA Basketball Tournament semi-final and Championship games” and American Idol. The Complaint estimates that the defendants have spent at least $20 million in TV-air-time alone. Toho alleges that Subway has made millions of dollars as a result of the unauthorized commercial use of the Godzilla character and seeks the disgorgement of Subway’s profits and its costs and attorneys’ fees.

WATCH THE COMMERCIAL:

The complaint asserts the following causes of action: (1) Unfair competition and false designation of origin under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (2) Federal anti-dilution law violation, 15 U.S.C. § 1125(c); (3) State anti-dilution law, California Business & Professions Code § 14330; (4) Common law unfair competition; (5) Unjust enrichment; and, (6) copyright infringement. The case is titled Toho Co., Ltd., v. Doctor’s Associates, Inc., d/b/a Subway, et al., CV08-02511 GPS (C.D. Cal. 2008).

April 22, 2008

Trademark Attorneys File Trademark Infringement And Lanham Act Unfair Competition Lawsuit On Behalf Of Levis Jeans To Protect Trademarks Used On Clothing

San Francisco, CA – Trademark attorneys file trademark infringement, trademark dilution and Lanham Act 43(a) unfair competition lawsuit, on behalf of Levi Strauss & Co., in the Northern District of California, alleging infringement of Levis’ USPTO registered trademarks. Among Levis’ numerous registered trademarks is the famous Arcuate Stitching Design Trademark, which is a distinctive pocket stitching design and “is the oldest known apparel trademark in the United States.” The Arcuate Stitching Design Trademark was first used in interstate commerce in 1873 on clothing products. Levis also owns the Tab Device Trademark “which consists of a small marker of textile or other material sewn into one of the regular structural seams of the garment.” Levis first used the Tab Device Trademark in 1936 on the rear pocket of its pants when a sales manager suggested it to distinguish Levis’ clothing and jeans from those of competitors.

levis-trademark-jeans-attorney.jpgLevis alleges that defendant Jeans City manufactures, sources, markets and/or sells “jeans that diplay designs on the rear pockets that are confusingly similar to [Levis’] Arcuate and Tab trademarks.” The complaint alleges that “Jeans City’s actions have caused and will cause [Levis] irreparable harm for which money damages and other remedies are inadequate. Unless Jeans City is restrained by this Court, Jeans City will continue and/or expand the illegal activities alleged in this Complaint and otherwise continue to cause great and irreparable damage and injury to Levis.” Levis claims that it will be harmed by not being able to use and control use of its trademarks, a likelihood of confusion, mistake and deception created in the minds of consumers, false association between Levis and Jeans City, and loss of goodwill. The complaint alleges the following causes of action: (1) Trademark infringement under 15 U.S.C. § 1114; (2) Federal unfair competition, false designation of origin, and false description under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Federal trademark dilution under the Lanham Act section 43(c), 15 U.S.C. § 1125(c); (4) California dilution and trademark infringement under Cal. Bus. & Prof. Code §§ 14320, 14330, 14335, 14340; and, (5) Unfair competition under Cal. Bus. & Prof. Code § 17200. The case is titled Levis Strauss & Co. v. Jeans City USA, Inc., CV08-01639 WHA (N.D. California).

April 18, 2008

Los Angeles Franchising Attorneys Sue Orange County Sizzler Franchisee For Trademark Infringement And Breach Of Franchise/License Agreement

Los Angeles, CA – Franchising law attorneys sue an Orange County Sizzler franchisee, in Los Angeles Federal District Court, for allegedly breaching the franchising agreement and for trademark infringement. Franchisor, Sizzler USA Franchise, Inc. has registered numerous trademarks with the USPTO which it licenses to franchisees under a franchising agreement. Under the franchising agreement, the franchisee is to pay the franchisor a royalty and advertising fees. The franchisee is also required to comply with quality standards in food and cleanliness. The complaint alleges that the Defendants have failed to pay any royalties or advertising fees since they acquired the franchised location in May of 2006. Also, the complaint continues, the Defendants were sent a notice of default stating that the location’s “level of cleanliness and quality in service and products failed to meet minimums set by Sizzler.”

The first cause of action is for trademark infringement of Sizzler’s USPTO registered trademarks because under the franchise/license agreement, the franchisee was granted a limited license to use the trademarks so long as the franchisee complied with the agreement: “The Defendant’s use of the [trademarks] post-termination constitutes service mark and trademark infringement within the meaning of 15 U.S.C. § 1114." The second cause of action is for breach of the license/franchise agreement for Defendants’ alleged refusal to pay royalties and advertising fees and for refusing to cease use of the trademarks post termination. The third cause of action is for breach of written guaranty against the individual that is the shareholder of the corporation. The case is titled Sizzler USA Franchise, Inc., v. Advanced Home Care Medical Supply, Inc., CV08-01856 PSG (Central District of California).

April 16, 2008

Glendale, CA: Trademark Attorneys File Trademark Infringement And Lanham Act Unfair Competition Lawsuit To Protect Nike’s Trademarks Used On Shoes

Glendale, CA – Trademark attorneys file trademark infringement and Lanham Act 43(a) unfair competition lawsuit to protect Nike, Inc.’s footwear and shoe related trademarks in Los Angeles Federal District Court. Nike has registered numerous trademarks with the USPTO for footwear and clothing. The complaint states that “Nike uses these trademarks on shoes and apparel as trademarks of Nike’s high quality products. Nike sells in excess of $4,500,000,000 a year in merchandise bearing distinctive trademarks.”

air-jordan-trademark-attorney-glendale.jpgNike alleges that the two defendants own and transact business on the www.airjordanstore.com and www.air-jordan-store.com websites. Upon determination that the products sold by the defendants were allegedly unlicensed and counterfeit products, Nike filed the lawsuit to “combat the willful sale of unlicensed and counterfeit products (“Infringing Product”), specifically including its core product of sports shoes, bearing Nike’s exclusive trademarks.” The complaint asserts the following causes of action: (1) Trademark infringement 15 U.S.C. § 1114 and 15 U.S.C. § 1125; (2) Unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Lanham Act dilution of famous trademark under 15 U.S.C. § 1125(c); (4) Unfair competition under Cal. Bus. & Prof. Code § 17200 ; and, (5) Dilution California law Cal. Bus. & Prof. Code § 14330. The case is titled Nike, Inc. v. Michael Masjuan, et al., CV08-01889 JFW (C.D. California).

April 15, 2008

Beverly Hills Trademark Attorneys File Trademark Infringement And Unfair Competition Lawsuit On Behalf of Venice, CA Based Mad Dogg Athletics Against Importer Regarding Use Of Its Exercise Equipment Trademark

Beverly Hills, CA – Trademark attorneys file trademark infringement and Lanham Act 43(a) unfair competition lawsuit against J&B Importers, Inc. to protect Mad Dogg Athletics’ exercise equipment trademark, in Los Angeles Federal District Court, alleging infringement of its USPTO registered trademarks. Mad Dogg Athletics registered its Spinning® trademark for use with “fitness education and traning program for use in connection with indoor cycling via stationary exercise bicycles. Mad Dogg Athletics also registered its Spintech® trademark for use on “stationary exercise bicycles and accessories related thereto, specifically, bicycle cleaning preparations and lubricants.”

The complaint alleges that J&B Importers has used Madd Dog Athletics’ Spintech® trademark on counterfeit bicycle lubricants. Plaintiff alleges that the activities of Defendant “constitute willful and intentional counterfeiting.” The complaint asserts the following causes of action: (1) Federal trademark infringement 15 U.S.C. §§ 1114; (2) Federal unfair competition and false designation of origin under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Unfair competition under Cal. Bus. & Prof. Code § 17200 ; and, (4) Constructive Trust Under Cal. Civ. Code § 2224. The case is titled Mad Dogg Athletics, Inc. v. J & B Importers, Inc., CV08-01717 SVW (Central District Of California).