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14 Feb, 2008 2:37 am
... joinder of defendants in the "John Doe" cases, suggesting Rule 11 sanctions. We have learned of a California case, SONY v.
Does 1-5, where the District Judge ... 's argument that a decision on joinder is premature,
holding: Although Plaintiffs contend that the Defendant Does may question the propriety of joinder after they are identified, it is this Court's experience ... companies] to
pound settlements out of unrepresented defendants." Elektra Entm't Group, Inc. v. [O']Brien, No. CV 06-5289, at 2 (C.D ...
9 Jun 4:30 am
/**/ Zynga Game Network, Inc. v. John Does 1-5 United States District Court for N.D. Cal. Case No.: 3:09-cv-02441-CRB, Filed 6/2/09 After getting our hands on the complaint for this case, ... gaming
company with over 75 million registered users. Zynga filed the complaint against the registrants (of currently unknown identity, thus the John
Doe aliases) of the website domain name zyngachips.com for trademark infringement and unfair competition. Zynga has been using the ...
4 Jun 9:29 am
Zynga Game Network, Inc. v. John Does 1-5United States District Court for N.D. Cal.Case
No.: 3:09-cv-02441-CRB, Filed 6/2/09 Zynga Game Network, whose settlement with CLZ Concepts we just commented on, hasn't wasted any time in jumping into another lawsuit. On June 2,
2009, Zynga brought a trademark infringement suit against John Does 1-5. We are obtaining the complaint and will update this post once we've had a chance to review it. We'll keep you updated as we get more information.
30 Jun 5:26 am
/**/ Zynga Game Network, Inc. v. John Does 1-50 United States District Court for N.D.
Cal. Case No. 3:09-cv-02744-BZ, ... gaming company, has filed yet another lawsuit. Much like its suit against John Does 1-5, Zynga is again going after website operators infringing on its ZYNGA trademark. This ... for real world money,
an act that Zynga's Terms of Service expressly forbid. The defendants are unnamed "John Does" for the time being because they
"registered their domain names using the Domain by Proxy ...
29 Apr, 2008 2:22 pm
Although John Beilein's resignation last April as West Virginia University's head basketball coach did not attract nearly the attention (or
outrage) that Rich ... his buyout with WVU from $2.5 million to $1.5 million, payable in five annual installments to the West Virginia University Foundation, Inc. (Incidentally, Beilein's ... aimed at invalidating his
buyout. He may also be waiting to see how WVU does in its lawsuit against Rodriguez. Their situations are so different factually, though, that whatever ...
16 Nov, 2007 2:06 am
... remanded the above captioned case to this Court. In that Order the Eighth Circuit stated, "[s]ince Crawford has now proposed the revised protocol for use in the execution of
Taylor's ... State's revised protocol is an improvement over the previous procedures used by John Doe No. 1, it falls short of providing the critical Constitutional protections required. It was never ... Document 213 Filed 09/12/2006 Page 3 of 4 4 John Pleban, to succeed Mr. Simon in the habeas corpus and executive clemency litigation ...
2 Jun, 2008 1:33 am
... same date as the non-profit racing association known as The New York Racing Association, Inc.'s confirmation of a plan of reorganization in the pending bankruptcy proceeding
in the Southern District of New York; ... Last Act: 04/23/08 signed chap.46 47 A9473 John -- Relates to compliance with new regulations for
safety equipment for certain firefighters BLURB : safety ... subject to taxation under A 20 of the tax law on or after that date. PART RR-1 §
5. takes effect 6/3/2008, and shall apply to all ...
19 Jul 11:02 pm
... 34 USPQ2d 1161 (1995), quoting Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844, 214 USPQ 1, 4 n.10 (1982).
... concluded that the purported mark is functional and unregistrable under Section 2(e)(5). TTABlog comment: I was going to take a bike ride
this afternoon, but reading this decision ... patent, a trademark applicant is going to have a heck of a time convincing the Board that the product design somehow qualifies for a
trademark registration. Text Copyright John L. Welch 2009.
10 Mar 12:11 am
... Section 2(e)(5), and alternatively found that it fails to function as a mark, under Sections 1,
2, and 45. In re UDOR U.S.A., Inc., 89 USPQ2d ... value based upon the claims of the patented technology." In short, what is shown in the trademark drawing does not "serve
a function within the terms of the utility patent." While it is true that all the ... "Trade Dress at the TTAB: If Functionality Don't Get You, Nondistinctiveness Will," still resonates
five years later. Text Copyright John L. Welch 2009
1 May 11:42 am
... is sure to be a case you'll want to follow… the complaint in Weatherguard Construction Company, Inc. et al. v. John Does
1-18 is brought by construction companies against posters to a comment section on the website Topix.com for ... by remediation of the material
structural deficiencies mandated by the City of Chicago." The complaint in American Builders and Contractors Supply Co., Inc. v. Singles Roofing Company, et al, is brought by a
supply company that was charged a $132,752.99 restocking fee ...
6 Jan, 2008 3:48 pm
... in 2005. 2005 was an unusual year because Microsoft filed 117 infringement lawsuits against John Doe defendants who allegedly were
engaged in "phishing," i.e., using Microsoft trademarks to trick ... here and here), and v. Does 1-301); Topline Corp. (v. Flurt
Footwear (post here), and v. 4273371 Canada Inc (post here)); and Derek Andrew Inc ... Inc. (posts here and here) and Diadora SpA v. Payless Shoesource Inc.
(post here). I did not realize that footwear was such a big industry in Seattle. Besides ...
8 May, 2008 12:01 pm
... More details to follow For publication opinions today (5): In Town of Georgetown v. Edwards Community, Inc. et al , an 11-page
opinion, Judge Mathias writes ... affirm our original opinion in its entirety." Dennis Peterson v. Charles Lambert, John Doe, et al -
"Peterson's claims rest on the allegation that in confiscating his ... Affirmed." Michael and Mamie Williams v. Gregory Hilycord (NFP) is a 2-1
opinion, with the majority writing: "A default judgment was entered in Bartholomew Superior Court against ...
27 Jul 11:20 pm
... the factors set forth in In re Morton-Norwich Prods., Inc., 213 USPQ 9, 15-16 (CCPA 1982): (1) the existence of a utility patent
disclosing the utilitarian advantages of the ... "a dish is a dish is a dish." Hygienic Specialties Co. v. H. G. Salzman, Inc., 302 F.2d 614, 621, 133 USPQ 96, 103 (2d Cir. ...
particular design. It seems to me that the design in question is indeed so simple as to be the cheapest way to provide the particular utilitarian features of a bird feeder. Text
Copyright John L. Welch.
24 Aug 2:15 am
... . 3, 755 A.2d 756 (N.J. App. 2001), Doe v. 2The Mart.com, Inc., 140 F.Supp.2d 1088 (W.D. Wash. ... "heavy" standard in a defamation case involving an anonymous
tipster. The plaintiff in the case, Solers, Inc., develops software and other technology for the Department of Defense. The appellant, Software & ... decided not to prosecute
to protect the identity of its anonymous informant. Solers then filed a "John Doe" defamation and tortuous interference with prospective
business advantage suit against ...
13 Feb, 2008 3:34 am
... case concerning Wes Anderton ("claimant") and your client, Ranchland Properties, Inc. ("RPI"). Don't leave readers wondering "what's the demand?" They'll ... through.
After--save tedious factual details for later The Court of Appeals sustained John Doe's complaint that the state's notice of enhancement
was untimely and remanded ... Jackson County Court of a violation of MRS 28-445(b). He was sentenced to 5 to 20 years. On appeal to the Court
of Appeals, the sentence was affirmed. We reverse. When framing ...
22 Jan, 2007 9:53 am
... Ohio, Eastern Division. HER, INC., et al., Plaintiffs, v. RE/MAX FIRST CHOICE, LLC, et al., Defendants. No. 206-CV-492. Jan. 5,
2007. John F. Marsh, J. Kenneth ... s actual website address lacks the insertion of his middle initial "e" or the suffixes "jr," or "sr." As
discussed infra, this does not preclude the domain name from being confusingly similar to the Plaintiffs' marks. Barlow testified that he registered the domain names at issue in
February 2006 through the website "1+1.com." Barlow has ...
5 Jun, 2007 8:51 am
... the trial court's Order. See AutoXchange.com, Inc., 816 N.E.2d at 47. We reiterate that the result reached today does not do violence to the legitimate and ... , a
felony, and Aggravated Battery, a class B felony. Specifically, Perry argues that (1) the trial court erroneously declared the jury to be at an
impasse and (2) a scrivener's error in ... We affirm." NFP civil opinions today (2): Mark Lemerick v. Jerry Johns, et al. (NFP) - "The gravamen of Lemerick's argument is that the
trial court erred by ...
21 Dec, 2007 10:16 am
... whether counsel was ineffective; (5) whether the trial judge was biased; and (6) whether his sentence is inappropriate." NFP civil opinions
today (3): John E. Lewchanin v ... made to harass a person. While the documentary evidence Pallett submitted to the trial court does not
entirely support his allegations, Pallett did not have a burden ... I.C. § 35-58-1-2. Accordingly, he should be permitted to proceed."
Borovilos Restaurant Corporation, II v. Lutheran University Association, Inc. (NFP) - "Broadway ...
26 Nov, 2008 5:13 pm
For publication opinions today (5): In Patricia Popovich v. John R. Danielson, M.D. , a 12-page
opinion, Judge May writes: Patricia Popovich appeals the dismissal of ... * * * We conclude Indiana Code section 31-16-15-2.5(f) does
not permit the trial court to limit the State's authority to increase the weekly ... it refused to vacate the arbitration award for insufficient service of process. We reverse." In Save
the Valley, Inc., Thomas and Jae Breitweiser, et al v. David Ferguson, Daveco Farms, et al ...
7 May, 2007 6:53 am
... the contract. Radioshack's heavy reliance upon Papa John's International, Inc. v. Dynamic Pizza, Inc., 317 F. Supp. 2d 740
(W. ... 1952). Parol evidence is admissible to show that the making of the contract was procured by fraudulent representations. This does not vary the terms of the contract. The
parol statements which are the basis for Comsmart's ... misrepresentation claim sounds in tort rather than contract, the parol evidence rule does not apply. Hanson v. American
National Bank & Trust Co., ...
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