Archive for Trademarks

[Post by Venkat Balasubramani]

Deck v. Spartz, Inc., 11-Cv-1123 (E.D. CA.; Sept. 27, 2011)

I posted about the lawsuit involving the @OMGFacts Twitter account some time ago (“Thoughts on the Lawsuit Over the @OMGFacts Twitter Account“). The account was created by Adorian Deck, who at the time was a minor. Deck signed an agreement with Spartz to commercialize the brand, and the parties ended up in a dispute over the agreement and who could control the “@OMGFacts” brand. As the court notes, Deck had an “OMG-moment,” and decided to bail out on the agreement. He sued in California to disaffirm the agreement and Spartz, an Indiana corporation, moved to dismiss or transfer the case to Indiana. The court denies Spartz’s motion and allows Deck to proceed.

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[Post by Venkat Balasubramani]

Arenas v. Shed Media, CV 11-05279 (C.D. Cal.; Aug 22, 2011)

Arenas is a basketball player for the Orlando Magic. He goes by various nicknames, including “Agent Zero,” “Agent Arenas,” and “Hibachi.” Arenas and Laura Govan were once in a relationship and have four children together. Shed Media produces the Basketball Wives television series, which centers around a cast of women, “most of whom have or have had a romantic relationship with a professional basketball player.” Govan was set to appear in Basketball Wives: LA, a spinoff of Basketball Wives. Arenas moved to enjoin the broadcast and publicity around Basketball Wives: LA. He principally brought claims under the Lanham Act and under California’s publicity statute.

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[Post by Nathan Webb]

As Internet-based business ventures have exploded over time, the commerce in domain names has followed suit. Here are some issues you should consider when purchasing or selling a domain name:

1)     Sale v. The Legal Route: Confirm you do not have a right to the domain name being offered for sale. Often, cyber-squatters register domain names that are either typo-variations of trademarks, or in some cases, exact matches to a trademark, in an effort to ransom off the domain name to the trademark holder. If this is the case in your instance, consider talking to counsel to determine if you can initiate a legal action to compel the seller to turn the domain name to you (e.g., under the Anticybersquatting Consumer Protection Act or Uniform Dispute Resolution Policy)

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[Post by Venkat Balausbramani]

Beginning in September 2011, new “.xxx” top-level domain names will become available – this means that someone could register “coke.xxx” or “xerox.xxx.”  While the “.xxx” domains will be available for use solely to businesses in the adult entertainment industry, non-adult companies will have the opportunity to protect their brands in advance through a registration process that will secure the .xxx domains that match their brand (end users who go to the domain will receive a message that the brand has blocked the domain).

With respect to companies that do not operate in the adult industry, the registry is dealing with registrations in two stages: (1) first, there will be a pre-registration “sunrise” period when owners of registered trademarks can block matching domains, and then (2) there will be a normal registration period, operated on a first-come, first-served basis. In both instances, registration will be available through accredited registrars and resellers, who will each determine the cost of registration.  An overview of the registration periods can be found here.

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[Post by Venkat Balausbramani]

Deck v. Spartz, Inc., 2:11-cv-01123-JAM-DAD (E.D. Ca.; Apr. 26, 2011) (Complaint) (Agreement)

An Associated Press story reports on the lawsuit over the @OMGFacts Twitter account. None of the public documentation indicates whether this wildly popular account generated significant revenue, but the lawsuit is a testament to the value of a popular Twitter account and the nuances that an asset like this presents from a contract perspective. Although the parties had an agreement in place, the agreement fails to address the core issue of who owns the “OMG Facts” brand.

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