Sprinkles Cupcakes Wages Trademark Lawsuit

Sprinkles Cupcakes gained huge popularity due to its delicious cupcakes and also to a helping hand from the PR gained from getting on the Oprah Winfrey and Martha Stewart show. The company which has locations in Beverly Hills, Chicago, New York and throughout the country, is taking aim at a newer store which opened in 2009, called Pink Sprinkles . Sprinkles Cupcake, owned by Candace Nelson, a celebrity judg

e on the reality television show Cupcake Wars, has filed a lawsuit for trademark infringement and under the Anti-cybersquatting Consumer Protection Act (regarding the domain name it uses) in the U.S. District Court of Connecticut, all in connection with its federal registration for SPRINKLES CUPCAKE U.S. Reg. No. 3,250,609.

The case is a fairly straight forward trademark infringement claim. Will Pink Sprinkles claim that their addition of the word "Pink" is different enough to avoid infringement, or possibly do they have some other defense? Stay tuned.

DJ Pauly D Trademark Infringement

Several of MTV’s ‘The Jersey Shore’ stars have been applying for trademarks to be used in product lines of different varieties. The use of celebrity trademarks has been an increasingly-popular way to try and capitalize on minor-league fame. But apparently, Jersey Shore star DJ Pauly D will have a harder time than most. Unfortunately for him, there is already a “DJ Paulie D” who has had a registered trademark with the USPTO since 2008. The reality show star has applied for a trademark 3 times, and been rejected for likelihood of confusion.

To make matters worse for the MTV star, the original DJ Paulie D has filed a lawsuit against him. The suit (Paul Lis DJ Paulie Broadcasting LLC v. Paul DelVecchio Jr., 3:11-cv-01057-AWT, U.S. District Court, District of Connecticut) claims trademark infringement, since, as Techdirt.com points out, any recent Google search will indicate that DJ Paulie D is a misspelling for the far-more popular DJ Pauly D of Jersey Shore. The original DJ Paulie D is asking for $4 million in damages. And it seems somewhat likely he’ll get some awards for damages, since he’s claiming MTV used metatags to intentionally redirect traffic away from him. Regardless of whether he gets any money from Viacom (MTV’s owner), he has already created a ton of publicity for himself.

U.S. House Passes Much-Needed Patent Legislation Bill

The USPTO’s chronic backlog problems and painfully slow registration process may soon be remedied. Last week, the House passed a bill that should speed up the patent process by doing two things: 1 – Making the first person to file a patent application the undisputed owner of patent rights, not necessarily the party who invented the idea, and 2 – Allowing all fees collected by the USPTO to be used by the USPTO, instead of being diverted into other agencies.

Previously, if a person could demonstrate in court that he or she was the first person to invent an embodiment of the idea, they owned rights to the patent, even if they hadn’t actually filed a patent application first with the USPTO. This caused heartburn for companies who were being sued by inventors who came out of the woodwork after an application was filed. Although this avenue of litigation was meant to protect the ideas of inventors, and give them appropriate rights, it had the potential to be abused.

As the L.A. Times notes, this is the biggest update to the patent system since 1952. Due to an unusual unified effort by both parties, the bill passed cleanly, with a final vote of 304-117. In March, the Senate passed its version of the bill, with a 95-5 vote.

But not everyone supported the legislation. According to one of the bill’s opponents, Rep. John Conyers Jr. (D-Mich.), “The bill would permit the Patent and Trademark Office to award a patent to the first person who can win a race to the patent office regardless of who is the actual inventor. That is patently unfair to inventors.”

The bottom line for inventors is that they will need to be sure to file a provisional patent application early on in the invention and marketing process, in order to protect their rights.

Hangover Copyright Infringement of Tyson Tattoo?

The Hangover: Part II, set to hit theaters this Thursday, will not be hampered by a copyright infringement lawsuit, at least for now. The tattoo on Mike Tyson’s face was done by tattoo artist S. Victor Whitmill, and Whitmill’s work is distinct enough that he doesn’t want anyone copying it. That includes Ed Helms’ character, in the second installment of the Hangover saga. The problem is that Helms’ tattoo wasn’t done by Whitmill, and he claims Warner Bros. took unlawful liberty in reproducing his distinct style on someone else’s face. Someone else’s high-profile face, that is. The tattoo factors highly in the marketing campaign for the film.

According to the lawsuit: “Warner Bros. copied Mr. Whitmill's Original Tattoo and placed it on the face of another actor ... This unauthorized exploitation of the Original Tattoo constitutes copyright infringement.”

Whitman sued Warner Bros. for copyright infringement (Case No. 4:11-cv-00752-CDP, Missouri Eastern District Court), and wanted an injunction to stop the release of the movie. Fortunately for fans, a judge denied the injunction today in federal court. However, the suit was not thrown out, and it will be interesting to see how it plays out.

Bratz's Copyright Infringement Trial Comes to an End...For Now

After more than seven years, 70 witnesses, and thousands of exhibits, a verdict has been reached in the roller-coaster “Bratz” dolls trial. The trial (Bryant v. Mattel, 04-09049, U.S. District Court, Central District of California) pitted toy making giants Mattell, Inc. against Van Nuys based MGA Entertainment, Inc. over the rights to the wildly popular line of Bratz dolls. Mattell originally filed its lawsuit accusing MGA of stealing trade secrets and copyright infringement seeking. MGA began manufacturing the dolls after toy designer and former Mattell employee Carter Bryant sold them the idea in 2000. Mattell claimed that Bryant thought of the idea for Bratz during his employment with Mattell, therefore claiming that Mattell owned the intellectual property rights to the doll.

The verdict has gone back and forth – a 2008 Jury awarded Mattell $100 million. But that verdict was overturned later in a federal appeals court. The current decision, reached in Santa Ana Thursday, instead awarded MGA $88.4 million dollars, and found Mattell guilty of stealing MGA’s trade secrets. According to the verdict, Mattell employees used fake IDs to gain entrance to MGA showrooms. Although this verdict is taken as a victory for MGA, it is likely that Mattell will appeal the court’s decision. Issac Larian, MGA's CEO estimates they spent nearly $170 million on legal fees, while Mattel's legal expenses where closer to $400 million.

Jay Z's Trademark Battle with Volcom

Apparently, Orange County-based surf/skate company Volcom finds Jay Z’s Roc Nation label’s logo a little too close for comfort. The clothing designer recently filed a trademark infringement suit (Volcom Inc. (VLCM), v. Roc Nation LLC, 8:11-cv-00489-JST-FFM, U.S. District Court, Central District of California).

The suit arises over the use of an inverted “double diamond” design common to both logos. While it’s true that Volcom, Inc. has priority of use with the logo (since 1991), Roc Nation claims its logo is unique and not an infringement. According the article on Bloomberg.com, Volcom has asked Beverly Hills-based Roc Nation to cease and desist use of the logo on several occasions. One of the main issues, according to Volcom, is that its subsidiary, Volcom Entertainment, uses the logo to market music-related merchandise, and sponsor bands. Volcom, Inc. has asked to be awarded triple damages from Roc Nation, LLC

Twitter Alleges Trademark Infringement

Recently, Twitter suspended two of its affiliates Twidroid and Uber Twitter for alleged trademark infringement and privacy violations. The interesting thing is that it appears that UberMedia, the owner and operator of the third-party Twitter applications Twidroid and Uber Twitter, is buying up a roster of apps that may possibly compete with Twitter in the future. The company started as a client of Twitter that provided applications to enhance Twitter’s functions.
Carolyn Penner, official spokesperson for Twitter issued this statement, which seems to downplay the suspension:

“We ask all developers in Twitter ecosystem to abide by a simple set of rules that are in the interests of our users, as well as the health and vitality of the platform as a whole.

We often take actions to enforce these rules; in fact, on an average day we turn off more than one hundred services that violate our API rules of the road. This keeps the ecosystem fair for everyone.

Today we suspended several applications, including UberTwitter, twidroyd and UberCurrent, which have violated Twitter policies and trademarks in a variety of ways. These violations include, but aren’t limited to, a privacy issue with private Direct Messages longer than 140 characters, trademark infringement, and changing the content of users’ Tweets in order to make money.

We’ve had conversations with UberMedia, the developer of these applications, about policy violations since April 2010, when they first launched under the name TweetUp – a term commonly used by Twitter users and a trademark violation. We continue to be in contact with UberMedia and hope that they will bring the suspended applications into compliance with our policies soon.”

Social Web sites such as Twitter and Facebook will probably become increasingly aggressive in their protection of trademarks, as the market for social networking applications and services continues to diversify.