December 2008 Issue
Civil Cases
Audi AG v. Shokan Coachworks, Inc.,
2008 WL 4911730 (N.D.N.Y. 2008)
Historical website printouts from the www.archive.org website are not admissible without a declaration from an archive.org representative.
ComponentOne, LLC v. ComponentArt, Inc.,
2008 WL 4790661 (W.D. Pa. 2008)
Isolated and idiosyncratic evidence of actual confusion, and a survey featuring stimuli divergent from actual marketplace conditions, are inadequate to support a finding of likelihood of confusion.
DSW, Inc. v. Zappos.com, Inc.,
2008 WL 4762767 (S.D. Ohio 2008)
Complaint for domain name infringement fails to state a claim where plaintiff names multiple defendants but fails to differentiate between them in allegations of infringement and requests for relief.
E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc.,
2008 WL 4791705 (9th Cir. 2008)
Use of a trademark within the body of a creative work constitutes protectable speech under the First Amendment if its artistic relevance is “above zero.”
NASCAR, Inc. v. Does,
2008 WL 4817007 (W.D.N.C. 2008)
The Western District of North Carolina raises a black flag against NASCAR’s anticounterfeiting strategy.
Guthy-Renker Corp. v. Boyd,
Opposition No. 91182999 (TTAB 2008)
Motion for sanctions for failure to participate in discovery conference denied where movant fails to take adequate steps to mitigate the prejudice it allegedly suffered as a result of nonmovant’s delay in participating in the discovery conference.
