Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, No. 1:2022cv07719 – Document 65 (S.D.N.Y. 2023):
Martin Schwimmer
Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies
The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. Its reports contain the “big if true” allegations that a small number of social media accounts, such as Twitter, are responsible for a disproportionate percentage of objectionable conduct. For…
SDNY: Pepsi prevails in RISE v MTN DEW RISE
After remand from the 2d Circuit, SDNY grants Pepsi’s motion for summary judgment on all counts, dismissing Plaintiff’s causes regarding Pepsi’s use of MTN DEW RISE for a caffeinated energy drink, based on plaintiff’s use of RISE for cold brew coffee.
Text of RiseandShine v Pepsi, 1:21-cv-06324-LGS-SLC (SDNY August 2, 2023)
All Things Abitron v Hetronic
RED GOLD: SDNY: Solid 21 v Richemont – Summary Judgment
Has Solid 21 achieved secondary meaning in term RED GOLD, a form of gold with high copper content, used for luxury watches. Whether Richemont used the term descriptively will be question for jury, summary judgment denied.
SDNY: Service of Process in China Through Hague
Plaintiff failed to show exigent circumstances justifying service by email as an alternate to Hague service.
DKH Retail v 28142187764
Court Description: MEMORANDUM OPINION AND ORDER. Earlier today, the Court entered a Final Default Judgment and Permanent Injunction Order. ECF No. 43. The Court largely adopted the order proposed by Plaintiff DKH Retail Ltd. (“DKH”), with one notable exc eption: The Court declined to adopt DHK’s proposal for a full shut-down of the Defendant…
Weisbrod v LiveNation compaint
Article on Schedule A Lawsuits by Prof. Goldman
Sneak peek: I've posted an article detailing an abusive IP enforcement scheme I call the "Schedule A Defendant" (SAD) Scheme https://t.co/IzwPsMFXGJ
Warning: you are likely to be furious after reading this paper & seeing how easily trolls are gaming our judicial system
— Eric Goldman (he/him) (@ericgoldman) March 8, 2023
SDNY DJ Action: Musical based on P.D. novel “Anne of Green Gables”
Our firm, Leason Ellis, has filed a declaratory judgment action on behalf of plaintiff, Anne With An E, a theatrical producer that is developing a musical based on the 1908 novel ANNE OF GREEN GABLES. Plaintiff seeks a declaration that its musical will not infringe the asserted tradeamrk rights of Defendant, an entity owned in…