Balough
August 29, 2016
(August 29, 2016) An appellate court found that Trader Joe’s may proceed with a trademark case in the United States against a Canadian citizen for trademark infringement in Canada. Michael Hallatt buys Trader Joe’s Company products in the United States, which he resells in a Canadian store he operates as Pirate Joe’s. Trader Joe’s, a […]
Balough
August 28, 2016
(August 28, 2016) Did the nephew of Col. Sanders just give away the family secret 11 herbs and spices used in the KFC recipe? That’s what the Chicago Tribune thinks. A reporter says 67-year-old Joe Ledington showed him a family scrapbook that included a copy of Claudia Sanders’ will. She was the colonel’s second wife. […]
Balough
August 14, 2016
(August 14, 2016) Culver may have had a cow over Steak n Shake’s copycat television commercial, but a federal judge found the original commercial lacked “the necessary modicum of creativity to give rise to copyright protection” required for a copyright infringement lawsuit. Culver Franchising System, Inc. developed a commercial with a white-aproned butcher touting the quality […]
Balough
July 26, 2016
(July 26, 2016) A karaoke track distributor’s attempt to claim trademark infringement for what really was copyright infringement hit a sour note with the Seventh Circuit. Phoenix Entertainment Partners, formerly Slep-Tone, distributes karaoke accompaniment tracks under the trademark Sound Choice to bars. Because of changing technology, the company allows its customers to transfer the tracks […]
Balough
July 12, 2016
(July 12, 2016) Even if you get permission from Facebook users to use their pages to send messages promoting your website, you still need Facebook’s permission. If Facebook doesn’t approve, you may be liable under the Computer Fraud and Abuse Act (CFAA)—at least after receiving a cease and desist notice. That’s the lesson learned by […]
Balough
June 9, 2016
(June 9, 2016) A school bus turned into a 16th-century Spanish galleon at the Burning Man Festival may be art, but its destruction is not a violation of the Visual Artists Rights Act (VARA). The Ninth Circuit affirmed that La Contessa is not a “work of visual art” entitled to VARA protection. Instead, the galleon is […]
Balough
June 3, 2016
(June 3, 2016) If you are going to sample notes from a sound recording, do it in LA not Nashville to avoid an infringement claim. The Ninth Circuit found no copyright infringement with Madonna’s recording of Vogue because the song’s use of 0.23 second of a horn hit from a recording of Ooh I Love […]
Balough
May 19, 2016
(May 19, 2016) The pleading stage is too early to resolve the food fight between two companies named Hyson over the Hyson trademark, the Seventh Circuit found. The issue is whether Hyson USA, Inc., the owner of a design mark for Hyson USA, acquiesced in allowing Hyson 2U, Ltd. to use the mark for the […]
Balough
May 11, 2016
(May 11, 2016) Illinois office holders have absolute immunity to defame citizens who criticize their official duties, but the reverse is not true. The Seventh Circuit reversed the trial court and granted summary judgment for Cook County Court Clerk Dorothy Brown, who had been sued for defamation and retaliation for filing a complaint against an […]
Balough
March 3, 2016
(March 3, 2016) What do fishing tackle and butter have in common? Nothing, so there is no trademark infringement by either for using the same Land O’Lakes mark. In affirming the dismissal of competing trademark infringement claims, Seventh Circuit Judge Richard Posner said, “In this unusual case two firms sued each other though neither has […]
