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Category: Litigation

How one word can “streamline” confusion of trade names, companies and even marks?

Published 19th October 2017

Streamline Production Systems, Inc. (SPSI) was established in 1993 by Michael Renick in Beaumont, Texas. SPSI initially began as an oilfield services company. In 1997, SPSI began custom fabricating pressure vessels, and today, it produces a range of custom fabricated natural gas processing equipment, such as gas separators, heat exchangers, re-boilers, and pressure vessels, and sells that equipment to customers nationwide, in addition to continuing to provide oilfield services and repair.

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Whether “volitional conduct” is required to establish a claim for direct copyright infringement

Published 18th October 2017

T&S hosts a website that includes a public forum called “HairTalk.” Users of the forum may post content, share comments, ask questions, and engage in online interactions with other users on a range of topics including hair, beauty, and celebrities. Use of HairTalk is governed by terms of service providing that “any photo containing… celebrities… or any copyrighted image (unless you own the copyright) is not permitted.” Every time someone logs on to HairTalk, the user must agree to these terms.

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New amendments in Russian law for owners and holders of trademarks

Published 16th October 2017

According to amendments if the right holder and infringer of exclusive right are legal entities and/or individual entrepreneurs and the dispute between them is subject to jurisdiction of commercial court, before to bring a lawsuit seeking compensation or damages, the person, intending to sue, must send to defendant a complaint. If the complaint stays without answer within 30 days following the day when the complaint has been sent, the plaintiff has the right to bring a suit.

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Collective management organisation SIA AKKA/LAA v. Latvijas Radio

Published 10th October 2017

SIA AKKA/LAA (SIA “Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība” –Copyright and Communication Consulting Agency ltd./Latvian Authors Association) is a non-profit organisation founded in Riga by a separate non-profit organisation, the Latvian Authors Association, whose members are various Latvian artists.

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The stronger trademark is, the better for its protection

Published 9th October 2017

Grayson O Company, a haircare product manufacturer and holder of a registered trademark, brought trademark and unfair competition action against Agadir International LLC, a competitor haircare product manufacturer. The district court granted summary judgment to Agadir, finding that Grayson O had failed to show the marks were likely to be confused. Appeal court affirmed.

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Collective management organisation SIA AKKA/LAA v. Radio SWH

Published 27th September 2017

SIA AKKA/LAA (SIA “Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība” –Copyright and Communication Consulting Agency ltd./Latvian Authors Association) is a non-profit organisation founded in Riga by a separate non-profit organisation, the Latvian Authors Association, whose members are various Latvian artists.

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Thin edge between legal succession and heritage or the matter of copyright and commercial exploitation of brand

Published 1st September 2017

The last few years the administration of Kazan annually organizes “Aksenov festival” in the memory of Russian writer Vasily Aksenov. For this event, “Aksenov Fest”, theatrical performances have been funded and Aksenov’s literary works have been published in Tartarian language. But Aksenov heirs are not involved in it. They did not receive royalties and were not asked about any permission to exploit Aksenov’s intellectual property. That is what the heirs of Aksenov don’t like.

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