Fort Lauderdale Sports, IP & Entertainment Law Attorneys | Heitner Legal
The Washington Redskins surprising success on the field this year may soon extend to the courtroom. In June of 2014, the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (PTO) canceled the registration of six trademarks belonging to the football team under the disparagement provision of Section 2(a) of […]
Last month, it was reported that prominent children’s store, Toys R Us, would be going after the trademark application filed by up-and-coming hair salon and boutique, Hair Are Us. On March 17, 2014, the popular hair extension business based out of Atlanta, Georgia –with additional locations in Miami, Florida and Los Angeles, California – filed […]
The following article is a guest contribution by Benjamin Haynes, Esq. Haynes is a former Division 1 Basketball Player at Oral Roberts University and currently practices law in the State of Florida. Background: Daniel Moore has been a famous sport artist for over 25 years. Most people are familiar with the work he has done for […]
The following article was written by Cyle Kiger. I first saw an article for Nike’s new product FuelBand during CES in Las Vegas. The band is used to monitor the user’s activity rate while exercising, known as Nike Fuel. Recently, a South Carolina based clothing company called Fuel Clothing sent a cease-and-desist letter warning Nike of […]
The following article was written by Spencer Wingate. Michael Jordan filed a lawsuit in China against Qiaodan Sports Company Ltd for copyright infringement. “Qiaodan” means “Jordan” in Mandarin and the former Bulls superstar is widely known in China by this moniker. Jordan contends the company has built a business by using his name without his consent. The company started in the 1980s […]
The following article was written by Spencer Wingate. “Who Dat?”, Inc. has reached a settlement with the NFL/New Orleans Saints over their trademark dispute. The settlement effectively dismisses the lawsuit and means the two will work together. From this point forward, all merchandise with the catch phrase will be co-branded by both parties. The legal battle began […]
On October 24, 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP incorporated by contract into registration agreements for .com, .org, .net and some other domain names. The focus was on regulating bad faith cybersquatting on trademarks. Clause 4 of the UDRP discusses the Mandatory […]
If you have an idea (a great idea) to create a website that allows visitors to watch and share YouTube videos together with their friends, you should consult an attorney to figure out how to embark on the venture without stepping on anyone’s toes. The last thing you want to worry about in a start-up […]
Is Facebook being a trademark bully, or is it really just trying to protect its intellectual property? In March 2010, Facebook sent small scale parody website Lamebook (some of the stuff on there is really funny) a cease and desist letter. Facebook had a problem with Lamebook’s name, mark, and look and feel of its […]
Earlier this week, I talked about trademark bullies, and the U.S. Patent and Trademark Office’s (USPTO) concern that the practice of bullying is getting out of hand. Would you file the following lawsuit into the category of bullying? The Los Angeles Dodgers is giving Brooklyn Burger a hard time about its use of the classic […]
No one likes a bully, and that includes “trademark bullies.” One definition of “bullying” is, to treat in an overbearing or intimidating manner (synonym = intimidate). So how exactly does one intimidate others with trademarks? Through aggressive litigation tactics by those with power against those with limited resources. The U.S. Patent and Trademark Office (USPTO) […]
Last week, we looked at a case where Google was found guilty of defaming a person based on Google’s search engine’s suggested results when the person was typing his name in the search box. In a similar case, a woman named Beverly Stayart sued Yahoo! after she put her name into Yahoo!’s search engine and […]