Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]
Intellectual Property…The Devil’s In The “Related Search” Details.
Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]
Patents Endow Their Holders With Certain Superpowers, But Only For A Limited Time. — Justice Kagan.
In 1990, an inventor obtained a patent for pressurized foam that can be shot in a way that mimics a spider’s string. Marvel Entertainment makes and markets products featuring Spider-Man, and Marvel began marketing a Web Blaster which shoots out foam, but without remunerating the inventor. Litigation for patent infringement ensured in 1997, and was […]
Lanham Act Violated In Intellectual Property Case.
Plaintiffs are the children of celebrity Bob Marley who formed an entity to exploit the assets, rights and commercial interests of the now deceased Marley. Defendants purchased photographs of Marley from a photographer and produced Bob Marley T-shirts which were sold by Target, Walmart and other retailers. Plaintiffs sued defendant, alleging four causes of action. […]
No Duty To Defend In Disparagement Case.
An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held: “We […]
You Can Trust Me With Our Nondisclosure Agreement; Tell Me About Your Invention.
During negotiations, which were the subject of a nondisclosure agreement, an inventor described the invention of “digital stamping technology” [DST]. After negotiations failed, the inventor discovered the other party to the negotiations had filed for patents encompassing its DST. After a court trial, the court awarded the inventor damages, prejudgment interest and attorney fees. On […]
Rick’s Rights Under The First Amendment.
Plaintiff Ricky Ross brought an action against defendant for misappropriating his name and identity. Plaintiff Ricky Ross first made a name for himself by selling cocaine; at the height of his operation, he sold as much as $3 million worth of cocaine a day. Meanwhile, defendant, a former correctional officer, used the stage name Rick Ross […]
Use Of Likeness Of College Athletes Not Protected By First Amendment.
Football players Samuel Keller, Edward O’Bannon, Jr., Byron Bishop, Michael Anderson, Danny Wimprine, Ishmael Thrower, Craig Newsome, Damien Rhodes and Samuel Jacobson brought a class action against a video game company asserting the company violated their right of publicity under Civil Code section 3344 and California common law. The video company moved to strike plaintiffs’ […]
Writer Unable To Show ABC Had Access To His Ideas When It Created “LOST.”
In 1977, plaintiff, a writer, submitted to ABC a script called “L.O.S.T.” about a group of eight survivors connected to the U.S. Olympic team whose plane crash-lands deep in the Himalayas. ” Five of the survivors are Olympic-bound athletes, one is the team physician, one is a television reporter, and one is the pilot. Among the […]
Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.
An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]