We filed a trademark infringement suit on behalf of First Niagara Insurance Brokers, Inc. today, against First Niagara Financial Group, Inc.
Here is the text of the complaint
You may recall that this dispute was the subject of a Federal Circuit decision regarding use in commerce.
Prof Goldman: "Yet Another NY Court Says Keyword Ads & Metatags Aren't TM Use in Commerce - S&L Vitamins v. Australian Gold."
. . . then you can go to Moniker and download the list of asking prices for an upcoming auction.
The Korean law firm of Kasan sent me its newsletter, summarizing recent trademark decisions, and containing a handy flowchart of the Korean trademark process.
When I begin a matter involving a third-party website, the first step is to do a 'work-up,' that is to say, find out the domain name registrant, hosting service, etc. This article from the Virtual Hosting Blog (really intended for competitive analysis), is a good collection of tools useful in obtaining background information on a website.
BBC: "Kwik-Fit Sued Over Staff Radios":
"A car repair firm has been taken to court accused of infringing musical copyright because its employees listen to radios at work.
The action against the Kwik-Fit Group has been brought by the Performing Rights Society which collects royalties for songwriters and performers."
A decent starting point for looking into the US law on the interperetation of 'in-store' public performance of copyrightable material and the 'home stereo' exception: Congressional Research Service: "Copyright Law's "Small Business Exception": Public Performance Exemptions for Cerrtain Establishments"
Not fearing the wrath of Stewie, my colleagues at Moses & Singer have filed a complaint against Fox and the producers of "The Family Guy", alleging copyright infringement of the song "When You Wish Upon A Star."
Text of the Family Guy complaint here.
Wiki on 'When You Wish Upon A Weinstein."
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The Trademark Blog is maintained by the
Law Offices of Martin Schwimmer,
a micro-boutique practicing trademark, copyright and domain name law
in Westchester, New York. Mr. Schwimmer is also of counsel to the law firm of Moses & Singer, LLP in New York, NY. The views in this blog are strictly those of Martin Schwimmer and not Moses & Singer, LLP. Information on the full range of legal services provided by Moses & Singer LLP can be found at MosesSinger.com.
New York State takes the view that this is attorney advertising. This blog is provided for informational purposes only and does not constitute legal advice. This blog contains no trans-fats.
