Grand Theft Auto 5 Trademark Infringement with Speedo?

With Grand Theft Auto 5's release all gamers are excited.  But who would of thought that GTA and Speedo would get into a trademark spat?  One of the most highly anticipated video games of the year, Grand Theft Auto 5, recently released an online trailer. The trailer spread like wildfire, and one apparent detail of the new game may cause a big headache for Rockstar Games, the maker of the iconic and very popular racing game. That detail is the word “Speedophile” printed on the side of a Jetski, looking something like a logo.

The word Speedophile may have a simply descriptive meaning in urban slang terms (someone who likes going really fast). However, it’s possible that the swimwear manufacturer, Speedo could take issue with this particular logo blazened on the side of a Jetski. The main problem is that in this image, the first part of the word “Speedo” is a different colored font than “phile”. The result is that it looks like “Speedo” is somehow referenced. If the game is released with this detail (and it looks likely that it will be), Rockstar Games may get promptly slapped with a trademark infringement lawsuit.

And, given that Speedo has just shut down a porn site in Australia that featured their logo on a few pairs of swimwear, it seems they are keeping a sharp lookout for trademark infringers.

Jedi Mind Trademark Dispute with George Lucas

Really good trademarks often become so ingrained in the public mind that they start to take on a life of their own, distinct from the original source. Take the mega-lucrative Star Wars universe, for example. Ever since George Lucas created Star Wars, he’s had his full protecting trademarks like “Jedi,” “Lightsaber,” and even “Droid.”

A new software company calling themselves Jedi Mind, Inc. recently felt the sithlike wrath of George Lucas. They had a new set of headphones which (according to them) could sense brain waves and operate a type of remote control software. The product is called “Master Mind.” Lucas, after sending a few cease and desist letters, filed a trademark infringement suit against Jedi Mind in late August. The case is in the United States District Court for the Northern District of California, Case No. 10-cv-3632.

Probably due to the unfavorable results of past Lucasfilm trademark infringement suits, Jedi Mind promptly changed their name to Mind Technologies, Inc.

Obtaining Your Domain Name Back From Cybersquatters Through UDRP

A common scenario for established or new companies occurs when its primary domain name has been seized by a cybersquattor. For example, imagine your company name and trademark is “Sizaroma.” You were able to register www.sizaroma.com but later www.sizaroma.net, www.sizaromas.com, and www.sizaaromas.com were registered by someone else, probably a guy in China who in bad faith, has no intention of ever using domains. Or worse, he later puts up a competing website in bad faith with similar goods and services feeding off the goodwill that you have worked so hard to create. That my friends is a cybersquatter. So what are your options? One of the best is a Uniform Domain Name Resolution Policy proceeding (“UDRP”). A UDRP is like a streamlined litigation done with an arbitration panel, usually with the National Arbitration Forum or WIPO. A complaint is filed, and the cybersquatter is allowed a chance to respond. You do not have to serve the defendant like in a typical lawsuit. Nor is there a trial or any discovery. Further, there is no jurisdictional issues, so if the defendant is in China, a claim can still be made against him.

The net result is a transfer of the domain name. No money damages or injunction from using the trademark can be issued in UDRP, rather it's strictly about getting your domain name back. So the beauty of UDRP is that it is straight to the point, and can be completed within a few months rather than a long dragged out litigation that could last for a year or longer.

There are however other means for domain name disputes, such as filing a federal lawsuit under the Anticybersquatting Consumer Protection Act ("ACPA"), or perhaps a traditional trademark infringement lawsuit. An IP attorney would have to evaluate each scenario to determine the most appropriate method.

AMERICAN APPAREL DUKES IT OUT WITH LAWYER KEITH FINK

American Apparel has had its share of lawsuits. More recently with Woody Allen after American Apparel posted billboards of Allen without his permission. Now, American Apparel is on the offense against an opposing attorney in an employment litigation.

Keith Fink has a reputation as an aggressive employment attorney, typically suing celebrities and others in the entertainment industry. One of Fink’s notable cases is against blogger queen Perez Hilton over the PerezRevenge domain name trademark litigation. Fink represents a former employee of America Apparel that is suing the company’s CEO Dov Charney for sexual harassment.

As a preemptive attack, American Apparel has taken out several ads in UCLA’s Daily Bruin newspaper attacking Fink (who is a professor at UCLA) for his allege misconduct. UCLA however, stopped placing the ads, so America Apparel has moved on to the L.A. Business Journal. The May 11th issue of the paper has an America Apparel ad blasting Fink