Amazon v. Pionera, out of the Eastern District of California, is notable not for its legal maneuvering, but rather the elaborate scam that was at the center of the dispute.  The plaintiff, Amazon, alleged trademark infringement and cybersquatting against defendant Manoj Goel and his company, Pionera. The defense did not answer the allegations for most…

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I was a full-time musician before law school, but Standing on the Horizon is the first album as a band leader (playing tenor sax, soprano sax and bass clarinet) consisting of my own compositions played with four extraordinary, Grammy-nominated and award-winning musicians. In early October 2023, the album was released on Spotify, iTunes, Pandora and…

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Overhead Door Company of Kansas City v. OGD Equipment Company is a trademark infringement case that began in the Northern District of Georgia, and found itself in the Eleventh Circuit on appeal.  D.H. Pace Company (“Pace”) licensed its OVERHEAD DOOR trademarks from the Overhead Door Corporation (ODC).  ODC, as licensee, sued another similarly-named company, Overhead…

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The Larson v. Perry saga essentially ended with the judge’s denying summary judgment to both sides; essentially, “a pox on both your houses.”  The background of this case was famously retold in The New York Times Magazine’s “Who is the Bad Art Friend?” I also wrote about it in “Bad Friends, Inspirations, and Betrayals” in…

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Lane Coder Photography v. Hearst Corporation is a copyright case from the Southern District of New York …which lost all its steam shortly after it began.   The case was brought by a photographer who was hired to take real estate pictures of the Connecticut home of Paul Simon and Edie Brickell. The purpose was to…

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Amazon v. Pionera, out of the Eastern District of California, is notable not for its legal maneuvering, but rather the elaborate scam that was at the center of the dispute.  The plaintiff, Amazon, alleged trademark infringement and cybersquatting against defendant Manoj Goel and his company, Pionera. The defense did not answer the allegations for most…

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A client recently asked whether they should file their trademark not only in the US, but in other countries where they manufacture or sell their products. In Abitron Austria v. Hetronic, the U.S. Supreme Court provided the answer — and also served an opinion salad.  The case began in the Western District of Oklahoma when…

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In Nealy v. Warner Chappel Music Inc., a twice-incarcerated plaintiff sued his former manager for licensing his music without authorization — all while the inmate had been serving his first sentence. Argued before the 11th Circuit, this case highlights a circuit split. The sole issue was whether the plaintiff could bring a lawsuit for copyright…

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*Shakespeare, Henry IV, Part 2 In mid-May, the Supreme Court of the United States decided Andy Warhol Foundation For The Visual Arts, INC. v. Lynn Goldsmith, et al. The Court affirmed a Second Circuit decision, which had reversed a district court decision. For those unfamiliar with the background of this case, we wrote about it…

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The Western District of North Carolina’s CBD Industries, LLC v. Majik Medicine, LLC is yet another case revolving around the USPTO’s shaky guidance for cannabis products. Originally delegated to a magistrate judge who issued a Memorandum and Recommendation (M&R), the plaintiff’s motion to dismiss the defendant’s counterclaims and cancel the defendant’s trademark registration was denied…

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