Trademark Law Archives - Page 5 of 8

It’s On: South Butt Creator “Little Jimmy Winkelmann” Fires Back at North Face

AM Law Daily: “It’s one of the most chuckle-inducing trademark claims in recent memory: The North Face Apparel Corp. has sued 19-year-old University of Missouri freshman James Winkelmann for trademark infringement and dilution. According to its motion filed in December in the U.S. district court for the eastern district of Missouri, The North Face says Winkelmann, a biomedical engineering student, has caused it ‘irreparable harm’ by producing his parody clothing line, The South Butt (motto: ‘Never Stop Relaxing’). Last week Wilkelmann . . . and his attorneys filed an irreverent reply brief, which is excerpted below, along with a motion to dismiss the suit. According to his filing–as well as to his website and his attorney, Albert Watkins of St. Louis firm Kodner, Watkins, Muchnick, Weigley & Brison–Winkelmann started the clothing line as a joke.”

Michael Jordan Sues Advertisers for Trademark Infringement

Chicago Breaking Sports News: “The next time local grocers Jewel and Dominick’s want to salute an accomplishment by Chicago Bulls great Michael Jordan, they might want to just send him a card instead. Jordan, who led the Bulls to six championships and was inducted into the Basketball Hall of Fame last September, filed lawsuits Monday against both grocery store chains for two separate ads celebrating the living legend that Jordan considers an infringement on his trademark and business interests. The full-page ads ran in a special commemorative issue of Sports Illustrated magazine dedicated to Jordan and his career.”

Bing Information Design Sues Microsoft for Bing Trademark Infringement

PC World: “A small Missouri company with the word ‘Bing’ in its name has sued Microsoft for branding its search engine with the same word, alleging trademark infringement and unfair competition by the software giant. Bing Information Design filed the case in a St. Louis circuit court this week, seeking damages including corrective advertising paid for by Microsoft to eliminate confusion between the brands, the company’s law firm said.”

See “St. Louis-based company alleges unfair competition and trademark infringement.”

North Face Sues South Butt for Trademark Infringement

From the you were nothing until we sued you and gave you national attention that raised your sales big time department: stltoday.com: “The North Face made good on its threat to sue The South Butt. The international apparel maker filed a federal lawsuit in St. Louis late last week alleging trademark infringement by The South Butt, a Ladue-based company started by a teenager to make fun of The North Face name. The South Butt does not appear to be backing down from the fight. “We embrace the litigation,” said St. Louis attorney Al Watkins, who represents The South Butt.”

How to Lose a Cybersqatting Case against a Serial Cybersquatter

Digital Media Lawyer Blog: “It seems unthinkable. How can a business that has registered and used a trademark for a decade lose an ACPA case against a serial cybersquatter who has been adjudicated to have used the mark at issue in bad faith? The fact is that it can and does happen. When a plaintiff sues under the Anti-Cybersquatting Consumer Protection Act, it must prove that it owns a valid trademark. 15 U.S.C. § 1125(d). This means that an ACPA suit puts the validity of the plaintiff’s trademark at issue. And if the defendant chooses to put up a fight, the end result of an ACPA suit can be that the plaintiff’s trade name loses protection as a trademark. This was the result in American Blind. It also may be the result in Lahoti v. Vericheck.”