Archive for June, 2011

Beatles Company Suit Dropped for Lack of Jurisdiction

Monday, June 20th, 2011

The New Jersey-based memorabilia company Beatles Autographs, who focuses on authenticating, buying and selling  Beatles items, was sued by American Royal Arts in Florida. Royal Arts reportedly alleges that a signed version of the “Revolver” album was forged. The article indicates that Royal Arts was selling the copy of the album to a buyer, when the buyer’s independent investigation found that that signatures were not authentic.

While the trial court held that it had jurisdiction to entertain the suit, the Fourth District Court of Appeals reversed in holding that it did not, as the company did less than 5% of sales in Florida. The Appeal Opinion also stated that “However, it should be noted and underscored that ‘the mere existence of a website does not show that a defendant is directing its business activities towards every forum where the website is visible.’” Read the article here.

Disney Files Trademark Application for “SEAL Team 6″

Tuesday, June 14th, 2011

Just says after the infamous Navy SEAL Team 6 killed Bin Laden in a raid, Disney reportedly filed trademark applications to use the mark “SEAL Team 6″ in various categories such as clothing, souvenirs and video games.

The applications indicate that Disney has not used the mark, but intend to in the future. Less than two weeks later, the U.S. Navy filed trademark applications for the same NAVY SEAL Mark to be used on various goods, and which they have likely been using long before Disney’s applications. While it appears that Disney and the U.S. Navy are seeking protection of the mark for different goods and services, the main crux will focus on whether there is likelihood of consumer confusion.

Miami-Dade Logo Subject of Cease & Desist Letter

Thursday, June 9th, 2011

The owner of food blog “Burger Beast” recently received a cease & desist letter from a Miami-Dade County Attorney, demanding that Burger Beast cease using the form of the Miami-Dade Logo. The blog, focusing primarily on food reviews of food trucks, reportedly responded to the letter in claiming that the logo used on the blog is a parody of the Miami-Dade Logo, among other things.

The “Miami-Dade County” logo features a blue sled, which hugs the right side of the word “Dade.” The word ”County” is enclosed underneath “Miami-Dade” in a green box. Burger Beast’s “Miami Food Trucks” logo features tire tracks in a blue arch shape which resembles that of the shed in Miami-Dade’s logo. Instead of the word “County,” Burger Beast has included a green truck icon with the word “Trucks” in it.

You can read a copy of the response letter here.

Limewire Pays RIAA More Than $100M for Pirated Downloads

Thursday, June 2nd, 2011

Limewire, a once peer-to-peer file sharing program resembling that of the infamous Napster, just settled with the Recording Industry Association of America (RIAA), reportedly paying out 105 Million Dollars in the settlement.

Under the Copyright Act, RIAA allegedly first sought $75 Trillion for the subject 9,715 pirated tracks at issue.