Counterfeit goods is an international problem. Counterfeiting is prevalent in high-quality status goods. Fake Cartier watches made with inferior parts and unenforceable warranties selling at bargain prices are a fraud on the consumer and hurts Cartier’s reputation. “Counterfeiting is the act of producing or selling a product with a sham trademark that is an intentional
The cornerstone in trademark infringement litigation has always been determining whether a reasonably prudent consumer in the marketplace is likely to be confused as to the origin of the good or service bearing one of the marks. Confusion must be “probable, not simply a possibility”. Over the years the courts have established tests in determining
Digital ride-booking service Uber is facing a lawsuit from 19 California cab companies. Most recently, a federal judge in San Francisco allowed the cab companies to pursue parts of the case, dismissing allegations of unfair competition. An attorney representing the cab companies argues they have suffered considerable financial damage due to Uber’s misleading statements about the
A proposed class action lawsuit could affect about 30 California winemakers known for selling bottles of wine for less than $10. The lawsuit was filed for wine consumers in California that have purchased one of these 30 brands in the last four years. The lawsuit was filed on March 19 in the California Superior Court
Viacom has filed a lawsuit in California against the website Nick-Reboot.com for trademark infringement, copyright infringement, unfair competition and cybersquatting. The website is claiming fair use as a defense. The website Nick-Reboot.com streams Nickelodeon TV shows from the 1990s and 2000s. The service is free for users willing to watch the programs in a random order; however, a subscription
Did you ever think posting fake reviews could get you in trouble? Yelp may be able to answer that question for you. Yelp has launched a lawsuit against Julian McMillan for false advertising, breach of contract, intentional interference with contract and unfair competition. Yelp claims that he placed fake reviews in an effort to support his business.
An old lawsuit against R.J. Reynolds Tobacco Co. has been revived in California by a U.S. District Court judge. A class action involving 10 plaintiffs is now able to continue after waiting for a period of five years. The tobacco company is being accused of a breach of contract, deceptive practices and unfair competition, because of a
A&E is facing a trademark infringement lawsuit based on a popular Duck Dynasty quote, according to The Inquisitr. Court documents state the conflict all started when Uncle Si, one of Duck Dynasty’s cast members, said, “My favorite color is camouflage.” A&E then used the popular phrase to sell t-shirts and other merchandise. Fort Pierce-based Hajn LLC
Two of the most important components in any trademark infringement lawsuit are customer confusion and damage to the brand. If a defendant can prove both of these, he does not have to prove actual profit loss to collect damages. In 2008, Los Angeles-based juice company Pom Wonderful filed a federal trademark lawsuit against Coca-Cola over
In 2000, Glock Inc., the American branch of the Austrian handgun manufacturer, began a series of trademark infringement lawsuits against toy manufacturers. The defendants in the vast majority of these cases were manufacturers or distributors of toy guns and blank firing guns. Bruni, Sportsman’s Guide, Gamo USA, Academy Toy Company and Daisy all fell under
