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IPC has been retained to defend Griffin IT Media, Inc., a Florida-based company, against claims made by Spiradrill, Inc. in a UDRP proceeding challenging Griffin IT Media’s ownership of the spiradrill.com domain name.
In addition to responding the complaint filed in the UDRP proceeding, IPC took Griffin IT Media on the offensive when IPC attorney Rick Sahuc, a member of the Florida bar, filed a lawsuit in the United States District Court in Palm Beach, Florida, seeking a declaratory judgment that Griffin IT Media is the rightful owner of spiradrill.com. If you have questions about domain name disputes or would like to discuss ways to protect and grow your brand, contact our professionals at (504) 322-7166 for more information on how IPC can help. IPC Settles Two Separate Trademark Infringement Lawsuits for Client Align Technologies Corp.2/11/2021
 IPC Attorney, Stephen Kepper, recently filed and successfully settled two separate trademark infringement lawsuits in the Eastern District of Louisiana for IPC client, Align Technologies Corp., a company specializing in employment management software services. Both lawsuits stemmed from the defendant’s use of the mark “ALIGN” for their respective employment management software.
The first lawsuit was against O.C. Tanner Company and in just over a month after filing, the case was settled on favorable terms to our client with O.C. Tanner, assigning their pending trademark application “ALIGN” and all the rights and goodwill associated with the application over to our client. The second lawsuit was against Workfront, Inc., a company that has recently been acquired by Adobe for $1.5 billion. Following both cases, O.C. Tanner and Workfront stopped using the “Align” mark for their respective software services. If you have questions relating to trademark infringement issues, the professionals at IPC can help! Give us a call at 504-322-7166.  In a press release this week, the United States Patent and Trademark Office (USPTO) announced their COVID-19 Prioritized Examination Program for certain trademark and service mark applications.
Under this new program, the USPTO will accept petitions to advance the initial examination of applications for marks used to identify qualifying COVID-19 medical products and services. Additionally, the USPTO will waive the fee for such petitions. “Inventors and entrepreneurs are working around the clock to develop products that will help prevent, diagnose, treat, or cure COVID-19,” said Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “Accelerating initial examination of COVID-19-related trademark applications for these products, as well as service mark applications for medical and medical research services, will help to bring important and possibly life-saving treatments to market more quickly.” To qualify for the new program, the application must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical or medical research service for the prevention and/or treatment of COVID-19. See the notice for more information. At IPC, we are actively supporting inventors of products and services that will help prevent, diagnose, and treat COVID-19. If you have a question about trademark issues, give our professionals a call at (504) 322-7166.  Christian Petersen/Getty Images NBA Legend and Charlotte Hornets principal owner, Michael Jordan won a lawsuit appeal against China's Qiaodan Sports, ending the eight-year legal dispute regarding the use of the Chinese translation of Jordan's last name, Qiao Dan.
Michael Jordan is widely considered to be the greatest basketball player in the history of the game. He is known for his all-around great basketball ability including scoring, passing, and defense, winning 6 NBA championships with the Chicago Bulls and having won the NBA Finals MVP each time. With this recent trademark lawsuit appeal ruling, the China Supreme Court held that Chinese companies cannot continue to use the Chinese translation of “Jordan” to market their products without compensation to Michael Jordan. 17 years after retiring from the NBA, Michael Jordan continues to own his competition and remains a global economic power. As evidenced in his current ESPN documentary, "The Last Dance," Michael Jordan's competitive nature and his refusal to lose against anyone in anything, anytime, anywhere has once again prevailed with this favorable ruling. If you have questions about intellectual property rights or trademark issues, contact our IPC professionals at (504) 322-7166 for more information on how we can help.  IPC recently obtained a favorable settlement on behalf of client Walter Williams of Dreamsite Productions, the creator and owner of the fictional character Mr. Bill in a recently filed federal lawsuit. The lawsuit, led by IPC attorney Richard Sahuc, asserted claims for copyright and trademark infringement against The Golf Channel and its parent, NBC Universal, based upon an unauthorized appearance made by Mr. Bill in an instructional video produced by The Golf Channel in which Mr. Bill’s head predictably doubled as a golf ball.
We're not the only ones who recognized the significance of the lawsuit. Mr. Bill's plight made local news in Walter William's hometown of New Orleans on WDSU, as well as national news on MSN.com. Intellectual property rights surrounding fictional characters can be complex. IPC has significant experience with intellectual property rights pertaining to fictional characters, having handled litigation involving Mr. Bill, the famous literary and film hero Zorro, and others. If you have questions about intellectual property rights involving fictional characters our professionals can help. Contact us at (504) 322-7166.  The U.S. Supreme Court issued a decision today that has serious implications for trademark brand owners, as well as those accused of trademark infringement. In the case of Romag Fasteners, Inc. v. Fossil Group, Inc., fka Fossil, Inc., et. al., the Supreme Court held that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. This decision changes the law in several federal Circuits and drastically raises the stakes in any suit involving claims of trademark infringement.
If you have questions about intellectual property rights or trademark issues, contact our IPC professionals at (504) 322-7166 for more information on how we can help.  photo courtesy of tropicalisle.com IPC recently represented client, Tropical Isle, the home of the Hand Grenade cocktail, in a lawsuit against Willie’s Chicken Shack in federal court, claiming the plastic cup used to serve Willie’s signature Cocktail too closely resembles the trademarked Hand Grenade cocktail cup. Tropical Isle has been selling Hand Grenades, described as “New Orleans’ most powerful drink,” since 1985 and the trademark for the Hand Grenade cup design dates to 1992.
The lawsuit, filed in U.S. District Court, Eastern District Court of Louisiana, claims, “the intent of Willie’s Chicken Shack is unmistakable – to wrongly divert to Willie’s Chicken Shack consumers who desire a Tropical Isle Hand Grenade cocktail in a Tropical Isle souvenir cup.” IPC attorneys Kent Barnett and Greg Latham were lead counsel for Tropical Isle; the trial team included, Ian Barras, Stephen Kepper and Rick Sahuc. The parties reached a settlement of the case in mid-March, just before the matter was scheduled to go to trial in front of Judge Wendy Vitter. The specific terms of the settlement are confidential, but for Tropical Isle the outcome is favorable. Tropical Isle owns a portfolio of federally-registered trademarks surrounding its world-famous Hand Grenade cocktail. IPC has served as Tropical Isle’s intellectual property counsel for nearly a decade. If you have questions about intellectual property rights or trademark issues, contact us at (504) 322-7166 for more information on how our professionals can help. |
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