Earlier this year, Kaufman & Kahn won a $19 million on summary judgment in lieu of complaint. The defendant then filed notice of appeal, as well as a motion for reargument and reconsideration. We briefed it in full, and the court scheduled oral argument months later — in mid-August 2022. In a nutshell, we defeated…
Dueling food options faced off in the Eastern Division of the Northern District of Illinois in Grubhub v. Kroger Co. This case was notable because it had been delegated to a magistrate judge, and the district judge rejected the subsequent report and recommendation. Kroger is a mega-corporation that owns several supermarket chains across the U.S.…
It’s 2022, but IP litigants can still learn from the spirit of that groundbreaking Supreme Court case that gave us the Miranda rights. Surprisingly, anything you say to the USPTO can and will be used against you in a copyright infringement case — even if it is apparently unrelated to your trademark application. Brought before the…
Museum of Selfies v. Miami Selfie is an ongoing matter in the Southern District of Florida, but a ruling on a motion to dismiss offers some instruction regarding so-called shotgun complaints. The basis for the plaintiff’s claims is that, as owners of Miami Selfie, defendants intentionally copied the MUSEUM OF SELFIES mark by using the…
I usually write about one case at a time, but the three cases we brought on behalf of major, Israeli entertainment producers against three different U.S. websites were deemed “related” early in the process of the lawsuits we commenced in December 2021. Our plaintiff clients included one of the largest movie producers; the only satellite…
This story concerns Robert Zimmerman, better known as Bob Dylan, and a contract dispute. It took place not in a federal district court, like most music matters, but the Supreme Court of New York (which we know is not the highest court in New York). That’s because this was not a matter of copyright infringement…
The copyright bar got some attention at the Supreme Court recently with the decision in Unicolors v. Hennis & Mauritz LLP (H&M). Originating from the Central District of California, this decision ended up being a victory for pro se applicants — with a caveat. Unicolors filed a copyright infringement action against H&M for using Unicolors’…
The Eastern District of Virginia recently decided on an interesting case called Universal Music Group v. Kurbanov. The defendant, in this case, is a Russian citizen, which becomes important later on. What’s interesting about this case is the magnitude of both the foolishness of the defendant, and of the award for damages. It wasn’t a…
In Cat and Dogma v. Target Corporation, the Western District of Texas weighed claims of copyright infringement. At issue was a design for which Cat and Dogma (“Dogma”) had secured a copyright. The design consisted of the words, “I love you,” in a font that was script and fanciful. Dogma alleged that Target, in making…
On this blog, I typically write about decisions and motions involving third parties. But every once in a while, tooting your own horn is appropriate. Here’s how we won $19 million for our client in January 2022. This case arose out of a construction loan for an historic hotel in Miami. Under the management of…