Heitner Legal
When you are threatened with litigation, whether it be in the realm of intellectual property or otherwise, you don’t need to sit around waiting and wondering if/when an action will be filed against you. Instead, there is a type of action called a Complaint for Declaratory Judgment that allows you to go on offense, essentially […]
On October 22, 2019, the Copyright Alternative in Small-Claims Enforcement Act (the CASE Act), was approved by a 410-6 vote in the House of Representatives. The intention of the Act is to establish a small claims court for content creators to more easily take legal action against alleged infringers.
Eric Smith says he was falsely identified as the Cleveland Browns fan who threw his beer on Tennessee Titans player Logan Ryan during the Browns home opener on September 8, and now he is filed a lawsuit seeking relief. On October 14, Smith and wife Antinuch Naowarat filed a Complaint in the Court of Common […]
Carlton Ridenhour, better known as the rapper Chuck D., who founded hip-hop group Public Enemy, has filed a Complaint for declaratory relief regarding the ownership of copyrights, as well as causes of action for fraud and conversion against Michael Closter and Closter’s fully owned Reach Global, Inc. He claims that the defendants used false copyright […]
Is “The Vitamin Shoppe” too generic of a name for the parent company to obtain trademark registration? After a year-long battle within the Trademark Trial and Appeal Board (TTAB) system, the answer is a resounding yes. Without a disclaimer for the entire mark, the TTAB was unwilling to reverse the U.S. Patent and Trademark Office’s […]
Is the word “RIOT” now so attached to the company Riot Games that no other company can use the word in its name? Riot Games seems to think so based on its recent initiation of a lawsuit in the U.S. District Court for the Central District of California.
Before one can sue for breach of contract, he must be able to prove that there is an enforceable contract under which to sue. In Florida, it has been stated many times that contracts with minors can be voidable, and a minor has a legal right to disavow a contract, because of minority.
Ohio State was denied the trademark registration to “THE” and LeBron James lost in an attempt to register “TACO TUESDAY.” Neither outcome should be shocking, whether you are a trademark attorney or not.
Many states have fantasy sports laws in place that are intended to create regulatory bodies within their borders for the purpose of overseeing and regulating fantasy sports operators. The big fantasy sports companies that come to mind are FanDuel and DraftKings, but many other corporate entities are doing business and thinking about launching gaming products […]
Six-time Super Bowl champion Tom Brady filed a trademark application to register the mark “Tom Terrific.” Three-time NBA champion LeBron James recently initiated an effort to register the trademark “Taco Tuesday.”