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By Eric Goldman Smith v. Wal-Mart Stores, Inc., 2008 WL 760196 (N.D. Ga. March 20, 2008) Charles Smith doesn't like Walmart ... the merchandise price at a 30% profit margin rather than at cost (which was an option in CafePress' menu). Even so, market response to these lightly marketed goods wasn't ... differently, there are rules of engagement for gripers, and some courts will hold that the rules prohibit a CafePress battlefront. It worked out OK for Smith, but other gripers should proceed cautiously. ...

... include a newer criticism: Wal-qaeda. Wal-Mart initially responded by sending a cease and desist letter to the printing company, CafePress, creating the merchandise with the Wal-ocaust logo. After the threat of a lawsuit, the company discontinued imprinting for Wal-ocaust but the web ... a markholder cannot succeed in a trademark claim unless his trademark is initially registerable or protectable. Zatarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983). Second, to succeed in an ...

In an interesting decision, OBX-Stock, Inc. v. Bicast, Inc., No. 06-1769 (Feb. 27, 2009), the 4th Circuit held that the term OBX was geographically descriptive of the Outer Banks seashore in North Carolina. The court thus ruled that the plaintiff - who was the acknowledged "inventor" of the term and the first to use it on the now ubiquitous oval bumperstickers (and on other products) - could not stop others from using the term on bumperstickers. The court based its decision primarily on the fact ...

... Cease and Desist Letters." One user has already availed itself: "This notice is provided on behalf of Linden Research, Inc. ("Linden Lab"), the owner of trademark, copyright and other intellectual property rights in and to the " ... as parody, requires license from Linden Lab, especially with respect to your sale of goods with the parody mark at http://www.cafepress.com/getafirstlife/. Linden Lab hereby grants you a nonexclusive, nontransferable, nonsublicenseable, revocable, limited license to use ...

... Sovereign immunity strikes down another copyright claim: Marketing Information Masters, Inc v Board of Trustees of California State University System: (43(B)log), ... SPS Technologies: (IP Law360), Muniauction - Adequate method claiming requirements: Muniauction, Inc v Thomson Corp: (Patent Docs), (ISinIP), Nelson - Claims construction order ... National Committee - RNC backs down from filing trade mark suit against CafePress.com over its GOP-themed merchandise (IP Law360), (Techdirt), RIAA - Lime Wire ...

... in general around the globe: Counterfeits on Capitol Hill: RICO 2.0: New bill links online auction sites to organized retail crime Partnership law: Feds open new National IPR Coordination Center Grumpy Old Party: Republicans threaten CafePress over political tees Fakes and the famous: Sunk: Shanghai media catch Celine Dion shopping for fakes Priorities: Actress Jennifer Hudson won't wear knockoffs States of mind: Word game: PA judge claims state anti-counterfeiting statute unconstitutional Sign ...

Erik Curran, who apparently served in combat (Iraq? Afghanistan?) as part of the West Virginia National Guard, filed a two count complaint for invasion of right of publicity and invasion of right of privacy against several defendants, among them CaféPress.com, Inc. ("CafePress"). Curran alleged that his image appeared, without his consent, on a [...]

In 1989, in Browning Ferris Industries v. Kelco Disposal, Inc., the Supreme Court held that the Excessive Fines Clause of the Eight Amendment does not apply to awards of punitive damages in cases between private parties. Today, the Court surprisingly overturned Browning-Ferris and held that punitive damages imposed by state courts are in fact governed by the Eighth Amendment. It remains to be seen how the overlay of Eighth Amendment jurisprudence will impact the ratio analysis set forth in State ...