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.…
Wrigley v. Terphogz LLC is a case from the Northern District of Illinois — despite all of the defendant’s efforts to have it moved to California. The case represents a sort of coming of age of the cannabis industry, a reminder that being taken seriously comes at a cost. Terphogz is a California company that…
Copyright and trademark lawyers were closely watching a case involving the Phillie Phanatic baseball team mascot called The Phillies v. Harrison-Erickson Inc. Even though the case settled in mid-October, the decision addressed whether copyright registration in a team mascot and its costume could be terminated and renegotiated during the “termination” window provided in U.S. Copyright statute. …
The bigger picture was not on display when Samuel Kerson completed two murals at the University of Vermont Law School (VLS). Titled “Slavery” and “Liberation,” the works were immediately controversial. Throughout the murals’ tenure, students complained about the caricature-like depiction of the victims of slavery. After the murder of George Floyd, the law school began…
In K & K Promotions, Inc. v. Walt Disney Studios Motion Pictures, legendary stunt performer Evel Knievel posthumously crashed headlong into the District of Nevada with trade dress infringement and right to publicity complaints. Knievel’s estate took issue with a character reminiscent of him in the film Toy Story 4. K & K Promotions, the…
How can you tell if a client is talking too much about a lawsuit? Their lips are moving. For one tech company’s CEO, not learning this lesson proved legally fatal. To be fair, he was following in the footsteps of so many others who have inadvertently shot themselves in the foot by disseminating an emotional outburst…
The Trademark Trial and Appeal Board (TTAB) issued a decision in a trademark opposition called Monster Energy Company v. Maple Leaf Sports & Entertainment Ltd. and NBA Properties, Inc. Monster Energy has one of the most successful logos in recent memory. A simple M made from three vertical scratch marks, Monster’s logo can be found…
In Select Comfort Corp. v. Baxter, the Eighth Circuit took up how it would apply initial confusion claims of trademark infringement. The case involved an industry leader in adjustable air beds, Select Comfort — and the company that was a distant second in that consumer niche, Comfortaire. Comfortaire, as well as its officers, were sued…
We’ve seen before how parties have a tendency to drop everything when they sense a chance to do business with the federal government. Authentic Apparel Group et al. v. United States was ostensibly a trademark dispute in the Court of Claims. After the court ruled against them, the plaintiffs appealed to the Federal Circuit. The…
In Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith, the Second Circuit sought to clarify our understanding of fair use, and especially transformative use of photos of the rockstar Prince, as interpreted (or copied) by Andy Warhol. The appellate court reversed a decision rendered by the Southern District of New York. The Andy…