Starbucks Sued by New York Artist: Maya Hayuk is suing Starbucks and an advertising agency, 72andSunny, accusing the companies of infringing her copyright in a campaign to introduce the Mini Frappuccino. Hayuk, who has previously licensed her paintings and murals to brands including Billabong and Microsoft, says the Starbucks’ Mini Frappuccino cup and campaign feature bright beams of color that mirror shades she used in a series of five paintings, collectively known as Hands Across the Universe. (World IP Review)
Yoga Pants for Your Feet: Skechers is counter-suing Terri Kelly, of TerriKelly Flip Flops, after she filed a trademark infringement suit against them for using her brand’s tagline, “Yoga Pants For Your Feet.” Skechers has been using the tagline on social media and in a TV commercial with Brooke Burke-Charvet, even after Kelly filed suit. The shoe giant believes the phrase is merely descriptive and has taken actions to cancel her trademark. (KESQ)
Disney and Deadmau5 Arrive at a Happy Ending: Back in 2013, musician Deadmau5, filed a trademark application for a design consisting a mouse head with prominent ears to be used for clothing. Disney claimed that the mark was too similar to its own mouse ears trademark and would cause confusion among US consumers. Deadmau5 is ecstatic to learn that Disney dropped its opposition. (World Intellectual Property Review)
Nike Jumpman Logo Lawsuit Dismissed: Back in January, New York photographer Jacobus Rentmeester sued Nike for copyright infringement for using a photo he took of Michael Jordan in 1984 for the Jordan Brand logo. Nike dismissed the claims as meritless and baseless. The court agreed and immediately dismissed the lawsuit. According to the judge, “Mr. Rentmeester has shot another brick.” (Portland Business Journal)
7-Eleven Crushes the Little Guy: This week a federal judge ruled in favor of 7-Eleven Inc. in their fight against a York County, PA independent convenience store called Super-7. The lawyers for 7-Eleven accused the defendant of trademark infringement and dilution and unfair competition. According to CSP Daily News, Super-7 has been ordered by the courts to stop using the Super-7 name, mark, logo, the numerals “7” or “11,” the words “seven” or eleven” or similar styles or colors for convenience stores. It also prevents the defendant from doing anything else that could “confuse, mislead or deceive” consumers into thinking it is in any way connected to 7-Eleven and requires the defendant to turn over all materials bearing the 7-Eleven or Super-7 logos. Finally it requires the defendant to pay all legal fees for the case. “It’s a billion-dollar company, I’m a little guy, I work 18 hours a day. I have four kids,” said Asfand Khan, owner of Super 7 Food Mart LLC in New Salem, PA. (CSPNet.com)
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