January 27, 2015 Intellectual Property, Copyright, and Trademark / Trademark

English Car Maker Rolls Out Legal Team to Protect its Trademark from Rapper Royce Rizzy

Last Wednesday, English automaker Rolls-Royce filed a lawsuit in the US District of New Jersey last week against up-and-coming rapper, Royce Rizzy, for trademark infringement. The lawsuit stems from the rapper’s use of the Royce trademark and the “RR Badge.”

The lawsuit claims that Atlanta based Royce Rizzy, otherwise known as Robert Davis, has been using the Rolls Royce trademarks to benefit his rapping career. The luxury automaker cited to his YouTube channel advertisements, his Facebook page, his website, and a “Team Rolls Royce” t-shirt …

December 9, 2014 Intellectual Property, Copyright, and Trademark / Litigation / Music / Trademark

Creedence Clearwater Mark Revisited

There’s a bad moon on the rise once again for John Fogerty. Fogerty, the former lead singer and guitarist for Rock and Roll Hall of Fame inductee Creedence Clearwater Revival, and a man who holds the distinction as being perhaps the only musician in the history of recorded music to be sued for allegedly plagiarizing his own recording in another one of his own recordings, finds himself feelin’ blue again, having been sued last week by his surviving former bandmates, Doug Clifford and Stu …

October 22, 2014 Intellectual Property / Intellectual Property, Copyright, and Trademark / Music / Trademark

Duluth Trading Company Takes it Easy and Don Henley Takes Them to Court

Maybe Duluth Trading Company should’ve known better. Maybe it was just living life in the advertising fast lane. But on October 6, 2014, the Wisconsin clothing company circulated an ad to its customers imploring them to “Don a Henley and Take it Easy.” The “Henley” the ad refers to is the famous, three-button long sleeve shirt that has become a symbol of relaxation and “cool” since it was first placed on store racks. But in invoking the surname of Eagles’ co-founder and lead singer Don …

July 23, 2014 Intellectual Property, Copyright, and Trademark / MLB / Trademark

Cubs Bring Trademark Infringement Suit Over Fake Mascot Billy Cub

The Chicago Cubs filed a trademark infringement lawsuit against five individuals who allegedly have been dressing in a fake mascot costume near Wrigley Field. The complaint claimed that these individuals in their “Billy Cub” outfits not only engaged in “mascot-like activities” but also participated in “unsavory actions.” Like the genuine Cubs mascot Clark the Cub’s costume, the outfit includes Cubs cap and jersey with “Billy Cub” and the number 78 on the back.

The fake mascots solicited tips near the ball park for dancing or …

June 21, 2014 Advertising / Intellectual Property, Copyright, and Trademark / Trademark

Snooki Wins Trademark Lawsuit

Back in August of 2013, reality television star Nicole Polizzi, known to her fans as Snooki, brought a $2.4 million lawsuit against Excell Brands and its perfume “Snazzy.” Polizzi alleged trademark infringement of her perfume brand “Snooki.”

The brand “Snazzy Woman” by Excell Brands is marketed in a box containing similar leopard print and what Excell calls a disclaimer: “Our version of Snooki by Nicole Polizzi.” While the smell and packaging may be similar, the text of the name “Snooki by Nicole Polizzi” on the …

February 27, 2014 Advertising / Trademark

Michael Jordan Wins in 7th Circuit Case over Supermarket Ad

On February 19, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s dismissal of a claim brought by Michael Jordan against Jewel Food Stores. Jordan’s lawsuit alleged that the grocery store misappropriated his identity for the store’s commercial benefit by running an ad in Sports Illustrated that congratulated the ex-player on his 2009 induction into the Basketball Hall of Fame. Though the ad didn’t feature Jordan himself, it prominently displayed a pair of red and white gym shoes featuring …

January 16, 2014 Litigation / Music / Trademark

Coinye Shutting Off “All of the Lights”

“Coinye West” is closing up shop because Kanye West isn’t happy. On January 14, 2014, Kanye West filed a trademark infringement lawsuit against the virtual currency now known as Coinye. The currency, which started as a joke, announced through its website, “Coinye is dead. You win, Kanye.”

Earlier this month, the currency’s founders discussed Coinye West in an interview with Vibe. They talked about the soon to be launched currency. Referring to Kanye, they said “I think he’s gonna love that there’s a …

December 27, 2013 Litigation / Trademark

Disney Hoping to Freeze “Frozen Land”

This holiday season Disney released its newest animated film “Frozen.” To celebrate, the company presented Phase 4 Films with a gift worse than Aunt Edna’s fruit cake – a trademark infringement lawsuit.

Disney’s “Frozen” was released on November 19, 2013. Less than three weeks earlier, Phase 4 changed the title of one of its from “The Legend of Sarila” to “Frozen Land.” In a December 23 complaint, Disney stated the change was an attempt to ride the coattails of “Frozen’s” success.

Under its original title, …

October 4, 2013 Advertising / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Rights / Trademark / TV

FX facing mark’s F-X-Xtinction?

The name seemed silly from the moment those commercials started to run. You know them — the ones with the cast members of It’s Always Sunny in Philadelphia speaking to each other in what sounds, to the naked ear, like Swedish. The ad spots changed as the summer season rolled out on FX, but the punchline of each promo was always the same, with one cast member saying the name of the channel that the great comedy show was moving to. Repeat after Danny DeVito: …

September 13, 2013 Advertising / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Trademark / TV

Godzilla vs. Mechahopzilla

Beer Advocate, the Godzilla of beer reviewers, gave Mechahopzilla, the newest IPA entry from the New Orleans Lager & Ale Brewing Company (NOLA) a score of 89 percent and an overall rating of “very good.” But there was at least one company that was not overjoyed with the summer success of a beer known as Mechahopzilla and, as a result, NOLA appears to have gotten itself in some hop-filled, boiling water. This week, the popular brewer was dragged into federal court, in the Eastern …