Intellectual Property - Trademark

CaseCase FiledLast Document
Apple Computer, Inc. v. Podfitness, Inc.September 21, 2006May 9, 2008
Plaintiff Apple Computer, Inc. alleged that defendant Podfitness, Inc.uses trade names and marks (PODFITNESS.COM and PODFITNESS) that are highly similar to and confusingly similar to Apple's famous trademarks (IPOD), and that defendant intentionally sought to imply an association with Apple in its marketing and advertising.
Allen v. American Apparel, Inc.March 31, 2008May 8, 2008
Plaintiff Woody Allen alleged that Defendant American Apparel, Inc. used Plaintiff's image and likeness for advertising purposes without permission or consent.
STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et alMarch 11, 2005May 8, 2008
Plaintiff Stelor Productions Inc. alleged that defendant Oogles N Googles infringed on plaintiff's registered trademarks to OOGLES, OOGLE, IGGLE and OOGGLE.
Terraserver.com, Inc. v. Microsoft Corporation, a Washington corporation et alMay 2, 2008May 2, 2008
Amiga Inc v. Hyperion VOFApril 26, 2007April 29, 2008
Plaintiff Amiga Inc. alleges that it entered into an (OEM) License and Software Development Agreement with defendant Hyperion VOF for the development of Amiga's next generation operating system software, Amiga OS 4. Plaintiff further alleges defendant breached the agreement by marketing OS 4 outside the scope of the license, granting third parties the right to distribute OS 4 and use Amiga trademarks, refusing to turn over the source code and object code for OS 4, and failing to deliver OS 4 within the timeline specified in the contract.
Burck v. Mars, Incorporated et alFebruary 11, 2008April 28, 2008
Plaintiff Robert Burck d/b/a The Naked Cowboy alleges that Defendants Mars, Inc. and Chute Gerdeman, Inc. infringed his trademark in his get-up, featuring a white cowboy hat, white boots, white underpants and an acoustic guitar.
Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et alMarch 17, 2008April 22, 2008
Plaintiff Gibson Guitar Corporation alleges that Defendants Wal-Mart Stores Inc., Target Corporation, Kmart Corporation, Amazon.com Inc., GameStope Corporation and Toys-R-Us Inc. infringed on U.S. Patent No. 5,990,405 entitled "System and Method for Generating and Controlling a Simulated Musical Concert Experience" by selling Guitar Hero series of video games.
American Airlines Inc v. Google IncAugust 16, 2007April 21, 2008
American Airlines is suing Google for allowing companies to show ads when its trademarks, including (but not limited to) "AMERICAN AIRLINES" "AMERICAN EAGLE" "AA" "A A" "AA.COM" "AMERICAN AIRLINES CENTER" "AADVANTAGE" "AMERICAN CONNECTION" "AMERICANAIRLINES" are searched on.
Silvers v. Google, Inc.May 4, 2005April 18, 2008
Plaintiff Steven A. Silvers alleged that defendant Google, Inc. infringed on plaintiff's GOOGLES mark, and sought to enjoin Google from using the GOOGLE mark in connection with the advertising, promoting, marketing and sale of children's goods and services.
Microsoft Corporation v. Dauben IncJanuary 22, 2008April 10, 2008
Plaintiff Microsoft Corporation alleges that Defendant Dauben, Inc. d/b/a Texas International Property Associates infringed on Microsoft's trade and service marks by registering Internet domain names that are identical or confusingly similar to Microsoft's trademarks and service marks.
FreecycleSunnyvale v. The Freecycle NetworkJanuary 18, 2006March 25, 2008
International Information Systems Security Certifications Consortium v. Degraphenreed et alNovember 16, 2007March 19, 2008
Plaintiff International Information Systems Security Certifications Consortium sued Defendants Miko Degraphenreed, Degrapheinread Information Systems Security Corporation, Google, Incorporated and Yahoo!, Incorporated for trademark infringement, unfair competition, false designation of origin, dilution, and deceptive trade practice, misappropriation and unjust enrichment. Plaintiff alleges that Defendants infringed and violated (ISC2)'s rights to its long-standing and valuable registered mark CISSP®.
BidZirk LLC et al v. SmithJanuary 10, 2006November 15, 2007
Plaintiff BidZirk, LLC, Daniel G. Schmidt, III, and Jill Patterson sued Defendant Philip Russ Smith over a review of BidZirk's auction services that Defendant had posted on his blog at www.jackwhispers.blogspot.com.
Universal Tube & Rollform Equipment Corporation v. YouTube, Inc.October 30, 2006November 9, 2007
Plaintiff Universal Tube & Rollform Equipment Corporation operates a website at utube.com. Plaintiff alleges that as a result of confusion in the minds of consumers, the spillover of nuisance traffic to plaintiff's website has destroyed the value of plaintiff's trademark and internet property, repeatedly caused the shut down of plaintiff's website, increased plaintiff's internet costs and damaged the plaintiff's good reputation.
Microsoft Corporation v. Kovyrin et alSeptember 10, 2007November 7, 2007
Plaintiff Microsoft Corporation alleges that defendants have registered numerous Internet domain names that contain or consist of Microsoft's marks and/or intentional misspellings of Microsoft's marks.
Whitney Information, et al v. Xcentric Ventures, et alJanuary 27, 2004November 6, 2007
Plaintiffs Whitney Information Network, Inc. and Russ Whitney alleged that defendants Xcentric Ventures, LLC, badbusinessbureau.org, and Ed Magedson (1) used plaintiffs' trademarks in commerce in a manner likely to cause consumer confusion and (2) published stories that are false about the plaintiffs with the intent to injure plaintiffs, their business reputation, and to illegally divert customers away from plaintiffs.
Lulu Enterprises, Inc. v. N-F Newsite, LLC et alSeptember 5, 2007October 24, 2007
Plaintiff Lulu Enterprises, Inc. complains that defendants' HULU mark and domain name unfairly trade upon the goodwill that Lulu has established in its LULU name and marks.
Bell Helicopter Textron Inc et al v. Electronic Arts IncDecember 1, 2006October 11, 2007
Plaintiffs Bell Helicopter Textron Inc., Textron Innovations Inc. and Textron Inc. alleged that defendant Electronic Arts, Inc. engaged in trademark infringement, trade dress infringement, dilution, unfair competition and misappropriation by manufacturing software and video games (including Battlefield Vietnam, Battlefield Vietnam: Redux, and Battlefield 2) that prominently feature, utilize and depict plaintiffs' trademarks, and trade dress without plaintiffs' permission or approval.
Mattel, Inc. v. Global China Networks, LLC. et alAugust 21, 2007October 10, 2007
Defendants operate a pornographic web site at www.chinabarbie.com. Plaintiff owns the BARBIE trademark and alleges that chinabarbie infringes and is confusingly similar and dilutive of the BARBIE trademark.
JTH Tax, Inc. v. WhitakerApril 12, 2007October 5, 2007
Plaintiff JTH Tax, Inc. alleges that the defendant breached a franchise agreement by failing to follow operating procedures, refused to allow the franchisor to inspect the business and refused to follow certain post-termination obligations.
S & L Vitamins, Inc. v. Australian Gold, Inc.March 4, 2005October 5, 2007
Plaintiff S & L Vitamins, Inc. seeks a declaratory judgment of non-infringement of trademark rights and non-interference with contract and for unfair competition. Plaintiff sells tanning products on its website SuppleNet.com that are manufactured by defendant Australian Gold, Inc.
HANESBRANDS, INC. et al v. AMERICAN APPAREL, INC. et alSeptember 4, 2007October 3, 2007
Plaintiffs Hanesbrands, Inc., HBI Branded Apparel Enterprises, LLC and HBI Branded Apparel Limited, Inc. alleged that defendants American Apparel, Inc. and American Apparel Retail, Inc. infringed on the BARELY THERE marks used by plaintiff on women's hosiery, lingerie and apparel products.
Alfenas v. Pantera Partnership et alAugust 2, 2007October 2, 2007
Plaintiff Leif Alfenas alleges that defendant Pantera Partnership acquiesced to his publication of a non-commercial fan appreciation website at Pantera.com and that defendant had abandoned its rights to the trademark PANTERA.
Video Professor, Inc. v. John Does 1-100August 16, 2007September 28, 2007
Riches v. UnderwoodSeptember 14, 2007September 27, 2007
Harajuku Lovers LLC v. Forever 21 Inc et alJune 14, 2007September 24, 2007
Ritchie v. GanoAugust 15, 2007September 20, 2007
Plaintiff Brian Ritchie d/b/a Violent Femmes seeks a declaratory judgment that plaintiff is a joint-author of the certain Violent Femmes musical compositions and recordings, and is the sole and exclusive owner of the VIOLENT FEMMES trademark.
Omega, S.A. et al v. Susan Eisen, Inc.August 1, 2007September 18, 2007
St. Louis Cardinals, LLC v. LewisMarch 9, 2007September 18, 2007
Plaintiff St. Louis Cardinals, LLC complains that defendant Douglas J. Lewis d/b/a STL Products operates a retail business that sells and offers for sale a wide variety of merchandise bearing trademarks, designations, logos and designs identical and/or confusingly similar to plaintiff's CARDINALS marks.
Video Professor, Inc. v. McGrathJuly 13, 2007September 13, 2007
Paris Hilton v. Hallmark Cards et alSeptember 6, 2007September 12, 2007
CKE Restaurants Inc et al v. Jack in the Box IncMay 25, 2007September 12, 2007
Carl's Jr. sued Jack in the Box over TV ads that Jack in the Box ran that suggested Angus beef came from the butt of a cow.
Academy of Motion Picture Arts and Sciences v. Associazione Italiana Sommelier Roma et alNovember 4, 2005September 11, 2007
CNG Financial Corporation v. Google IncJanuary 24, 2006September 7, 2007
Plaintiff CNG Financial Corporation sued Defendant Google, Inc. over Google's practice of allowing third parties to purchase online advertisements that appear when a user searches for "Check 'N Go" on Google's website. Plaintiff owns the service mark "Check 'N Go."
Academy of Motion Pictures Arts and Sciences v. Ampas.comApril 13, 2007September 5, 2007
Plaintiff Academy of Motion Pictures Arts and Sciences seeks an order transferring the domain name ampas.com to the plaintiff or deleting the registration of the domain name ampas.com
Google Inc. v. American Blind & Wallpaper Factory, Inc.November 26, 2003September 5, 2007
Plaintiff Google Inc. seeks declaratory judgment that its policy regarding the sale of keyword-triggering advertising does not constitute trademark infringement.
Powerful Katinka, Inc. v. McFarland et alJune 26, 2007August 29, 2007
Chef Rebecca Charles of the Pearl Oyster Bar alleges that her former employee Chef Edward McFarland opened Ed's Lobster Bar, a restaurant that pirated Pearl's entire menu, copied all aspects of Pearl's presentation of its dishes and duplicated Pearl's readily identifiable decor.
Levi Strauss & Co v. Polo Ralph Lauren CorporationJuly 12, 2007August 28, 2007
L. F. P. Inc et al v. Cafepress.com, Inc et alJuly 6, 2007August 21, 2007
Pantera Partnership v. AlfenasAugust 3, 2007August 3, 2007
Plaintiff Pantera Partnership alleged that defendant Leif Alfenas operated, maintained and registered the pantera.com website with plaintiff's consent as an independent contractor. Plaintiff further alleged that it subsequently determined that it was in its best interest to regain control of its official website and demanded that defendant deliver pantera.com to plaintiff.
The Freecycle Network, Inc. v. Oey et alApril 4, 2006July 10, 2007
Plaintiff The Freecycle Network, Inc. alleges that defendants Tim Oey and Jane Doe Oey have been knowingly inducing third parties to infringe The Freecycle Networks's marks by encouraging others to use the term freecycle as a generic term.
Google Inc. v. WolfeApril 8, 2005July 9, 2007
Plaintiff Google, Inc. alleges that defendant Richard Wolfe infringed on its trademark by registering the domain name froogles.com and hosting a internet shopping guide at that site, which competes with Google's web search services.
JTH Tax, Inc. v. VanMarch 28, 2007July 5, 2007
Academy of Motion Picture Arts and Sciences v. Sasha Stone et alMay 1, 2007June 13, 2007
DELTA SIGMA THETA SORORITY, INC. v. DEREK & JAMAR PRODUCTION, LLCNovember 21, 2006June 13, 2007
CafePress.com Inc v. Alexa Internet Inc et alApril 16, 2007June 8, 2007
Video Professor, Inc. v. MalakerApril 4, 2007June 7, 2007
Plaintiff Video Professor, Inc. alleged that defendant registered videoprofessor.ca, which is confusingly similar to the VIDEO PROFESSOR trademark.
Site Pro-1, Inc. v. Better Metal, LLCDecember 6, 2006May 14, 2007
Plaintiff Site Pro-1, Inc. alleges that Defendant Better Metal, LLC placed SitePro1's SITE PRO 1 trademark in the metadata and/or meta tags of its www.bettermetal.com web site and/or improperly included SitePro1's SITE PRO 1 trademark in a search engine algorithm utilized by the Yahoo! search engine.
Helio LLC v. Palm, Inc.December 19, 2006April 24, 2007
Plaintiff Helio LLC alleged that Defendant Palm, Inc. use the slogan "Not Just a Cell Phone" that is confusingly similar to Plaintiff's "Don't Call It a Phone" trademark, slogan and brand.
Connor Sport Court International, Inc. v. Rhino Sports, Inc., et alDecember 21, 2006April 18, 2007
MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION v. S.F. ADVISORS, LLC et alNovember 28, 2006March 19, 2007
Rescuecom Corporation v. Google, Inc.September 7, 2004February 13, 2007
Plaintiff Rescuecom Corporation alleges that defendant Google, Inc. improperly infringes on plaintiff's name and trademark by selling the trademark to plaintiff's competitors as a keyword in defendant's search results.
Zazzle.com, Inc. v. Abbie Road Imprinting, LLCDecember 5, 2006January 25, 2007
Hawaii-Pacific Apparel Group, Inc. v. Cleveland Browns Football Company, LLC et alOctober 4, 2004December 27, 2006
Plaintiff Hawaii-Pacific Apparel Group, Inc. alleged that defendants Cleveland Browns Football Company LLC and National Football League Properties, Inc. infringed on plaintiff's trademarks LIL DAWG POUND and DAWG Pound.
Allball Athletics, LLC v. NBA Properties, Inc. et alNovember 28, 2005September 18, 2006
CollegeNET, Inc. v. A.C.N., Inc.May 8, 2006September 1, 2006
Jews for Jesus v. Google, Inc.December 21, 2005July 27, 2006
Plaintiff Jews for Jesus sued defendant Google, Inc. for creating a jewsforjesus third-level sub-domain within its blogspot.com domain. Plaintiff alleges the the Google-hosted Jews for Jesus blog authored by an anonymous third-party violated plaintiff's rights to the Jews for Jesus trademark.
SS&C Technologies, Inc. v. Reuters America L.L.C. et alJanuary 10, 2006July 26, 2006
AMERICAN CHEMICAL SOCIETY v. GOOGLE, INC.December 9, 2004July 5, 2006
Plaintiff American Chemical Society alleges that defendant Google, Inc.'s a new research tool directed to scientists under the trademark SCHOLAR infringes on plaintiff's federally registered trademark SCIFINDER SCHOLAR and its common-law SCHOLAR mark.
Texas A&M University v. Seattle Seahawks Inc et alFebruary 2, 2006May 8, 2006
Academy of Motion Picture Arts and Sciences v. Props for Today, Inc. et alFebruary 27, 2006April 27, 2006
Wal-Mart Stores, Inc. v. Valueclick, Inc.November 22, 2005March 24, 2006
NEW YORK FOOTBALL GIANTS, INC. et al v. CLEAR CHANNEL COMMUNICATIONS, INC.November 15, 2005March 23, 2006
Marcel Fashion Group v. Cafepress.Com, Inc.January 17, 2006March 14, 2006
Blake A. Field VS Google, Inc.,April 6, 2004February 22, 2006
Plaintiff Blake A. Field sued defendant Google, Inc. for copyright infringement. Plaintiff posted his copyrighted works on his website and completed an online form to request that Google index his website. Plaintiff now asserts that allowing users to view Google's cache of his copyrighted works infringes on his copyrights.
Government Employees, et al v. Google, Inc., et alMay 4, 2004August 8, 2005
Plaintiff GEICO sued defendant Google, Inc. claiming that defendant violated the Lanham Act and engaged in unfair competition by using GEICO's trademarks to sell advertising on its Internet search engine.
Phenomenon Licensing v. MySpace Inc.March 20, 2008 
eBay Inc. v. Telebay LLCMarch 14, 2008 
Plaintiff eBay Inc. alleges that Defendant's Telebay Mark is highly similar to the registered eBay Marks in appearance, sound, meaning and commercial impression.
University of Tennessee v. Action Sports Media, Inc et alFebruary 12, 2008 
Plaintiff University of Tennessee sued Defendants Action Sports Media, Inc., Unified Armies of America, Inc., Gordon Whitener, Jerry Felix, and David Jamison, collectively d/b/a "Big Orange Army" for using the university's marks and the Big Orange Army marks in connection with the promotion of the University's athletic teams.
AT&T Mobility LLC et al v. Wireless Exclusive USA LLC et alFebruary 5, 2008 
Lifestyle Lift Holding, Incorporated et al v. New Dream Network, LLC et alJanuary 28, 2008 
BlueAir Inc. v. Apple, Inc.January 18, 2008 
Plaintiff BlueAir Inc. seeks a declaratory judgment that its AIRPOD mark for desktop air purifiers does not infringe Apple's rights in its registered trademarks iPOD for portable personal music players.
TracFone Wireless Inc et al v. Shazia & Noushad Corporation et alJanuary 15, 2008 
1-800 Contacts v. Lensworld.comJanuary 8, 2008 
1-800 Contacts v. Premier Holdings et alDecember 6, 2007 
RealNetworks Inc v. QSA ToolWorks LLCDecember 6, 2007 
Plaintiff RealNetworks, Inc. seeks a declaratory judgment that Defendant QSA Toolworks, LLC has no rights to the TCM HELIX marks, that any rights QSA has in the HELIX marks are junior to RealNetworks' rights in the HELIX marks, QSA is bound by the terms of the Consent Agreement as an assign and/or successor of TCM, and there is no likelihood of confusion with respect to each parties' use of HELIX for their respective goods and services.
Lions Gate Entertainment Inc. v. Carter's Inc. et alNovember 9, 2007 
Lifestyle Lift Holding, Inc. et al v. Payman Simoni et alOctober 26, 2007 
Lifestyle Lift Holding, Incorporated v. Leonard Fitness, Incorporated et alOctober 19, 2007 
Vallavista Corporation v. Amazon.Com, Inc. et alOctober 19, 2007 
Plaintiff Vallavista Corporation alleges that Defendants Amazon.com, Inc., Target Corporation, eBags, INc. Emporium Leather Company, Inc., Royce Leather and Fashion Handbags, Inc. d/b/a Bo Bo Bags infringed on U.S. Trademark Registration No. 2,008,495 for TAXI WALLET®.
Lifestyle Lift Holding, Incorporated et al v. BowlerOctober 12, 2007 
Lifestyle Lift Holding, Incorporated et al v. Kotler et alOctober 12, 2007 
Lifestyle Lift Holding, Incorporated et al v. Maryland Plastic Surgery Associates, LLC et alOctober 12, 2007 
Shady Ladies, LLC v. GGW Marketing, LLC et alSeptember 18, 2007 
1-800 Contacts v. Lens.com Inc. et alAugust 13, 2007 
Plaintiff 1-800 Contacts, Inc. alleges that Defendant Lens.com, Inc. d/b/a Lens.com, JustLens.com and JustLenses.com had purchased sponsored advertisements from Google and other search engines for Plaintiff's marks.
Boston Duck Tours v. Super Duck Tours, LLCJuly 3, 2007 
1-800 Contacts Inc v. Manila Industries Inc et alJanuary 26, 2007 
Lions Gate Entertainment Inc v. Zazzle.ComDecember 14, 2006 
Lions Gate Entertainment Inc v. CafePress.com IncDecember 13, 2006 
DC Comics v. Fed Promotion CompanyNovember 22, 2006 
Tokidoki LLC v. Forever 21 Retail IncNovember 16, 2006 
RMC Publications, Inc. v. CNET Networks, IncNovember 13, 2006 
JTH Tax Inc. v. BonaventuraSeptember 29, 2006 
Lifestyle Lift Holding, Incorporated et al v. Cozmedic Surgery Associates, L. L. C. et alJune 30, 2006 
Revah Holdings Inc v. Forever 21 IncJanuary 5, 2006 
Fehoko v. Electronic Arts, IncAugust 18, 2005 
JTH Tax, Inc. v. Google, Inc., et alApril 4, 2005 
Testmasters Trademark LitigationDecember 16, 2004 
1800 Contacts v. Coastal ContactsMarch 18, 2004 
American Blind and Wallpaper Factory, Inc. v. Google, Inc. et alJanuary 27, 2004 
Adidas America, Inc et al v. Payless Shoesource, Inc.November 8, 2001 
Re/Max International v. Google Inc., et alJuly 27, 2001 
Xtraplus Corporation v. Google, Inc.May 18, 2001 
Xtraplus Corporation v. Google IncMay 15, 2001 
Lifestyle Lift Holding, Incorporated v. Lift SiteDecember 19, 2007 
Lifestyle Lift Holding, Incorporated v. Real Self, IncorporatedJanuary 7, 2008