The Business Litigation Blog

Archive for tag: trademark infrigment

Radiohead Sues Lana Del Rey for Copyright Infringement

Rumor has it that Radiohead might sue Lana Del Rey for copyright infringement over her songGet Freeand its similarities to their breakout hit,Creep. Lana Del Rey offered Radiohead 40% of the publishing money from the song, but Lana alleges that Radiohead and their attorneys will only accept 100%. Del Rey posted in a tweet “It’s true about the lawsuit. Although I know my song wasn’t inspired byCreep, Radiohead feels it was and want 100% of the publishing – I offered up to 40 over the last few months but they will only accept 100. Their lawyers have been relentless, so we will deal with it in court.” Radiohead has not made a statement. The irony of the situation is Radiohead’s claim is over a song that they were sued over. The Hollies sued Radiohead and won when they heard similarities between The Hollies’The Air I Brea...

Woof-Tang Clan Hit with Trademark Infringement Claim by RZA

Robert Diggs, better known as RZA, has filed a trademark infringement lawsuit against a dog walking business named the Woof-Tang Clan. RZA is a member of the highly successful Wu-Tang Clan and claims that Woof-Tang Clan is “highly similar” to the Wu-Tang Clan in “sight, sound and commercial impression.” RZA also stated that Woof-Tang Clan “falsely suggests a connection” with Wu-Tang Clan and that is “likely to cause confusion, cause mistake, or to deceive consumers to falsely believe” that the dog walking company is associated with the rap collective. Woof-Tang Clan owner Marty Cuatchon responded to the suit with little comment. However, he did say “I am a fan. We walk dogs. I thought it was a good idea.” The Woof-Tang Clan website used to sell T-shirts that parodied famous rap albums (see below). The shirts were all i...

Jägermeister Sued for Trademark Infringement

Jägermeister has been sued by outdoor wear company Alfwear over use of the word Kühl in an advertisement. Alfwear is accusing Jägermeister of “infringing and diluting” its trademark. Jägermeister used the phrases “Kühl as Ice” and “Drink it Ice Kühl” in advertisements in June.  Alfwears owns US trademark number 1,990,375 for the ‘Kühl’ mark for use in class 25, according to the claim. Alfwear claims that Jägermeister willfully infringed on the trademark. The use of Kühl by Jägermeister allegedly is creating confusion in the marketplace. The founder and president of Kühl has stated that he’s received emails asking if Kühl collaborated with Jägermeister. If you have experienced trademark infringement, contact Thomas E. Patterson at tpatterson@pattersonlawfirm.com or (312)-223-1699.   

Zenimax Sues Samsung After Winning Oculus Intellectual Property/Unfair Competition Lawsuit

Video game conglomerate ZeniMax filed a lawsuit against Samsung for knowingly profiting from Oculus technology originally developed at ZeniMax. John Carmack was developing mobile Virtual Reality (VR) and other VR hybrids. It is alleged that he had secret meetings in ZeniMax owned offices to give away trade secrets to other businesses and work on VR with them. This is the foundation of the Oculus case that ZeniMax won for $500 million. Oculus executives were penalized for copyright infringement, false designation, and violating non-disclosure agreements. Samsung was aware of this case while they were developing Gear VR: Now ZeniMax is  suing Samsung for copyright infringement for using ZeniMax VR code in Gear VR, along with trade secret misappropriation, unfair competition, and unjust enrichment. Gear VR is alleged...

Shipyard Brewing Company sues Logboat for Trademark Infringement

Shipyard Brewing Company claims that Logboat’s logo for Shiphead Ginerger Wheat is confusingly similar to the Shipyard Schooner ale. The art on the Schooner ale features a boat and the Shiphead art features a boat on top of a woman’s head. Below is a side by side image of the beer cans. Shipyard is a large distributor alleging that the Shiphead beer intentionally causes confusion with Shipyard. Shiphead is in a beer family that also includes pumpkinhead, melonhead, and applehead. The suit claims that shiphead could be confused with Shipyard products, as opposed to being in the logboat head family. This case was filed in the U.S. District Court for the Western District of Missouri. In the trademark infringement suit, Shipyard is seeking an injunction and damages from lost profits. Shipyard is also seeking attorney fees,...

Urban Outfitters Found Liable for Willful Trademark Infringement

Urban Outfitters leases copyrighted fabrics from Unicolors. Unicolors is a fabric company that creates their own designs. Unicolors copyrights their designs to “protect its investment and maintain a competitive advantage in its artwork.” Urban Outfitters designers and artists make up to 5000 designs a year. When Urban Outfitters was sued by Unicolors, the District Court in the Central District of California decided on a motion for summary judgment. Urban Outfitters infringed on Unicolors’ copyright. Urban Outfitters willfully ignored the opportunity to lease the print. If you have a trademark infringement claim, contact Thomas E. Patterson or the Patterson Law Firm at tpatterson@pattersonlawfirm.com or (312)-223-1699. For other copyright infringement stories check the sidebar of the blog. 

 
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