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Los Angeles, CA – Trademark attorneys for In-N-Out Burger (“INO”) filed a trademark infringement, trademark dilution and unfair competition complaint at the Federal District Court in Los Angeles. INO has been making hamburgers since 1948 and was the innovator of the drive-thru hamburger stand to accommodate Californians’ love of their cars and hamburgers. INO registered the “IN-N-OUT BURGER” trademark with the USPTO in 1978, which trademark is used on its 140 locations.

los-angeles-trademark-attorney-in-n-out.jpgDefendant Michael Anthony Companies Incorporated offers construction services and operates a website at the following address: www.mac-companies.com. The complaint alleges that Defendant has misappropriated the In-N-Out Burger® trademark and used it in its website, “erroneously suggesting that INO is one of Defendants’ ‘current’ clients when it is not, and depicting INO stores.” INO’s attorneys allege that four letters were sent to Defendant requesting removal of the In-N-Out Burger® trademark and reference from the Defendant’s website, but the mark was not removed. The case is titled In-N-Out Burger v. Michael Anthony Companies Incorporated, CV 08-07601 PA (C.D. Cal. 2008).

PRACTICE NOTE: If you haven’t had the “animal” at INO, it’s an “off-the-menu” burger that you must try on your next visit.

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Los Angeles, CA – Trademark attorneys for Throttle Rocker, Inc. filed a trademark and trade dress infringement, counterfeiting, and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint at the Federal District Court in Los Angeles. Plaintiff manufactures motorcycle accessories, including a contoured throttle device which attaches to the throttle of a motorcycle and provides relief when the rider squeezes the throttle. Plaintiff has sold the devices under its Throttle Rocker trademark since 1995 and has registered a word mark and a logo with the U.S. Patent & Trademark Office. The complaint also asserts that the trade dress of the black device features “the following distinctive features: a velcro strap, an arcuate top portion and a concave-shaped base portion, which is approximately twice as wide as the top portion.”

los-angeles-trademark-attorney-trade-dress-throttle-rocker.jpgDefendant Eurodezigns, Inc. and several individual defendants are accused of selling a counterfeit product which allegedly uses the Throttle Rocker trademarks and infringes on Plaintiff’s trade dress. The complaint asserts that “Defendants’ use in commerce of THROTTLE ROCKER and its [sic.] sale of the counterfeit product, is likely to cause confusion, decpeiton and mistake in the minds of the public with respect to the source and origin of Plaintiff’s products.” The case is titled Throttle Rocker, Inc. v. Eurodezigns, Inc. et al., CV 08-07361 ODW (C.D. Cal. 2008).

PRACTICE NOTE: From the description of the alleged trade dress in the complaint and Plaintiff’s advertisement touting the comfort on the heal and palm of the hand imparted by the contoured shape of the device, it is going to be difficult to prove that the design is non-functional and entitled to trade dress protection.

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Los Angeles, CA – Trademark and copyright attorneys for Bagdasarian Productions, LLC 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 sales of allegedly infringing music CDs. “Alvin and the Chipmunks” was originally a music group created by Plaintiff’s predecessor, Ross Bagdasarian, Sr., consisting of three singing animated chipmunks: Alvin, Simon and Theodore. In 1958, Ross authored and copyrighted the words and music to the original musical composition, “The Chipmunk Song,” aka “Christmas, Don’t Be Late.” Also, since 1961, the members of the music group were portrayed as animated characters, first in cartoons and later in CGI form. Plaintiff also owns several USPTO registered “ALVIN AND THE CHIPMUNKS” marks for use on entertainment services, products and a variety of merchandise.

copyright-attorney-in-los-angeles-alvin-chipmunks.jpgIn 2007, a live-action/CGI comedy film entitled “Alvin and the Chipmunks” was released and generated over $350 million in theatrical motion picture box office revenues worldwide, and sold more than 12 million DVDs worldwide. The soundtrack form the film was released as a CD on November 20, 2007, and sold over 880,000 copies. Plaintiff alleges that after the success of the film and music CD, Defendant “St. Clair embarked upon a plan to fabricate a cheap knockoff of the Authorized CD containing 10 recordings, each of which is the exact composition found on the Authorized CD.” The complaint continues, “in order to further [Defendant’s] scheme to deceive the public into believing that its unlicensed album was authorized, endorsed by, associated or affiliated with plaintiff or its licensees, St. Clair entitled the album ‘A Tribute to Alvin and the Chipmunks,’ and . . . used artwork and CD packaging prominently featuring images closely approximating Alvin, Simon, and Theodore and using the Alvin and the Chipmunks trademark (and de-emphasizing the ‘Tribute’) in the same size, color, and typeface of the Authorized CD. The St. Clair CD cover is pictured herein. The case is titled Bagdasarian Productions, LLC v. St. Clair Entertainment Group, Inc., CV 08-07525 FMC (C.D. Cal. 2008).

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Los Angeles, CA – Trademark and copyright attorneys for Guru Denim 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 sales of allegedly counterfeit knock-offs of its True Religion® brand of jeans. 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 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 investigators discovered that numerous defendants were selling allegedly fake and counterfeit True Religion® jeans in their retail stores. The complaint states that the Los Angeles Police Department executed search warrants on some of the defendants’ premises and seized numerous allegedly counterfeit True Religion® apparel. 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; and (5) Common law copyright infringement under California Civil Code §980. The case is titled Guru Denim, Inc. v. Hercel Zarrabian, et al., CV 08-07395 R (C.D. Cal. 2008).

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Los Angeles, CA – Nightclub promoter and performer Filthy McNasty – he legally changed his name – filed a trademark infringement lawsuit against Salon Corona, Inc. at the Los Angeles Federal District Court. Since 1980, Plaintiff McNasty has used the marks “FM Station Live” and “FM Station” for offering nightclub, live music and cabaret services. In 1989, the FM Station Live trademark was registered with the U.S. Patent & Trademark Office and has withstood a cancellation proceeding at the Trademark Trial and Appeal Board. Click to read TTAB decision.

trademark-club-promoter-fm-station-attorney.jpgThe complaint alleges that Defendant Salon Corona and Shawn Crosby have infringed the FM Station trademark by operating a nightclub and live music venue in North Hollywood, California under an unauthorized “FM Station” live trademark. Plaintiff accuses the Defendants of intentionally infringing on his trademarks. Although not mentioned in the complaint, the TTAB sheds some light on the Defendants’ prior knowledge of the FM Station Live trademark. Plaintiff McNasty was promoting monthly shows at the Defendants’ location under the FM Station mark. The case is titled Filthy McNasty v. Shawn Crosby, et al., CV08-0695 RGK (C.D. Cal. 2008).

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jewelry-copyright-attorney-trade-dress-steven-shein.jpgLos Angeles, CA – Attorneys for jewelry designer Steven Shein filed a copyright and trade dress infringement lawsuit against Delia’s, Inc. at the Federal District Court in Los Angeles. In 2003, after paying his own way through design school, Steven Shein began designing and selling jewelry. Plaintiff’s jewelry designs have been sold at the Museum of Contemporary Art and through high-end boutiques such as Kitson and Fred Segal. In 2006, Plaintiff authored a jewelry design entitled “The Red Flat Laminate Ice Cream” which was registered with the U.S. Copyright Office.

The complaint alleges that “subsequent to Plaintiff’s registration of the Subject Design, Plaintiff’s investigation into the unlawful use of his proprietary designs revealed that Delia’s was purchasing, distributing and selling for profit, jewelry which infringed the Subject Design.” Plaintiff sent a cease and desist letter to the defendant requesting its sales figures of the allegedly infringing jewelry, but the defendant allegedly refused to stop the sales or provide the information. The case is titled Steven Shein v. Delia’s, Inc., CV 08-07291 SJO (C.D. Cal. 2008).

Read a jewelry patent attorney‘s more detailed article on how to protect jewelry through both design patents and utility patents when copyright protection is unavailable.

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Los Angeles, CA – Patent attorneys for Hanger Corporation filed a patent infringement lawsuit at the Federal District Court in Los Angeles, accusing KP Fashion Company and Universal Display and Design, Inc. of patent infringement. In 2003, the Plaintiff invented a new hanger design for high end clothing. U.S. Design Patent No. D502,008, entitled “Clothes Hanger Body” was duly issued by the U.S. Patent & Trademark Office on February 22, 2005. The Plaintiff claims that it marks every one of its hangers with its design patent number.

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The complaint alleges that Defendant Universal Display previously requested and was sent a quote for the subject hanger by Plaintiff. In addition, Defendant KP Fashion was provided with a quote by the Plaintiff, which included samples of the product with KP Fashion’s logo emblazoned thereon. Both Defendants, however, indicated to Plaintiff that they were not interested in purchasing the hangers. In August of 2008, Plaintiff saw hangers in Defendant KP Fashion’s retail stores which allegedly were exact copies of Plaintiff’s patented hangers. When an employee was asked regarding the source of the hangers, Defendant Universal’s box containing the hangers was allegedly provided. Needless to say, this lawsuit followed. The case is titled Hanger Corporation v. KP Fashion Company, Inc., CV 08-07342 SVW (C.D. Cal. 2008).

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Los Angeles, CA – Copyright and trademark infringement lawsuit was filed at the Federal District Court in Los Angeles to prevent sales of allegedly unauthorized sales of Betty Boop merchandise by numerous defendants. Plaintiff Fleischer Studios, Inc. is owned by the heirs of Max Fleischer, the creator of famous cartoon characters – including the well-known fictional Betty Boop character. Plaintiff Hearst Holdings, Inc., through its King Features Syndicate Division, produces and distributes cartoon features and characters in the merchandising business. In 1986, Fleischer entered into an agreement with King Features granting it the exclusive rights to reproduce, distribute and/or license the Betty Boop character in the United States and throughout the world.

copyright-lawyer-trademark-cartoon-betty-boop.jpgBetty Boop first appeared in a “talkartoon” in 1930 titled “Dizzy Dishes” – she is very spry for being almost 80 years old – when the character was known as Betty. A year later, she became known as Betty Boop in the talkartoon titled “Minding the Baby,” which drawings of the character and cartoons – including several others – are all subjects of several U.S. Copyright Registrations. In addition, the character and name are subject to trademark protection and the U.S. Patent & Trademark Office has granted four federal trademark registrations for the Betty Boop word mark on a wide array of merchandise.

Plaintiffs allege that the numerous named defendants – that do not appear to be related in any way – have been selling and distributing merchandise bearing unauthorized depictions of the Betty Boop character and name. The complaint alleges that the infringement is “carried out with Defendants’ full knowledge that such elements are protected by copyright. In doing the acts complained of herein, the Defendants have willfully and intentionally infringed Plaintiffs’ copyrights” and trademark rights. The case is titled Hearst Holdings, Inc. v. Roger Lalwani, et al., CV08-06932 FMC (C.D. Cal. 2008).

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Los Angeles, CA – Patent attorneys for Maxon Lift Corp. (“Maxon”) filed a declaratory judgment lawsuit, at the Federal District Court in Los Angeles, against The Braun Corporation and its U.S. Patent No. 7,422,408. Braun is the assignee of the inventions covered by the ‘408 patent, entitled “Lighted Vehicle Access System and Method,” which issued on September 9, 2008. The patent generally relates to vehicle access lifts, such as for wheelchair access to buses and vans.

patent-attorney-patent-declaratory-relief-maxon.jpgThe complaint alleges that shortly after the patent issued, counsel for Braun contacted counsel for Maxon and offered a non-exclusive license to practice the invention covered by the ‘408 patent because Maxon’s wheelchair lifts were believed to infringe thereon. Thereafter, Maxon allegedly received a draft non-exclusive license agreement from counsel for Braun. Because of Braun’s previous patent infringement lawsuit against Maxon, it believes that a justiciable controversy exists, thereby establishing jurisdiction for the declaratory relief action. The case is titled Maxon Industries, Inc. v. The Braun Corporation, CV 08-06730 PA (C.D. Cal. 2008).

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los-angeles-trademark-attorney-genetic-projec-e.jpgLos Angeles, CA – Project E previously filed (posted here) a trademark infringement lawsuit, at the Federal District Court in Los Angeles, against Genetic Denim over the use of the “XX” design stitched into jeans. Defendant Genetic Denim has countered with the filing of a third-party complaint (read here) against Michael D. Hecht, the owner of record of the USPTO registration of the “XX” trademark. Hecht allegedly licensed the “XX” trademark – on an exclusive basis – to Project E, the plaintiff in the action.

Genetic Denim quizzically asserts that Project E failed to allege the registered trademark in the initial complaint and contends the absence is based on the possible invalidity of the registration – i.e. “the mark was incapable of functioning as a trademark within the clothing industry as the XX cross-stitching was and is a common decorative element found on clothing.” Genetic Denim seeks cancellation of the trademark registration and monetary damages for unfair competition under the Lanham Act 43(a). The case is titled Project E, Inc. v. Genetic Denim, LLC, CV 08-04016 R (C.D. Cal. 2008).