The second time as farce
On the occasion of the S&L Vitamins v. Australian Gold trial, I reposted what I wrote here six months earlier about the first of these... Read more
Tag: Restricted Distribution
Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins
The District of Arizona ruled today in a case we defended through trial and have reported on here extensively. The decision is here; the minute... Read more
S&L v. Australian Gold: You, the Jury
Here’s S&L Vitamin’s Trial Brief for the trial scheduled for next week in the above-entitled cause. (Or you can read it at the bottom of... Read more
Legal in Phoenix, liable in Central Islip
UPDATE: All the below is still very relevant, very important and very significant — except as to the final judgment, which has been vacated by... Read more
Biting the hand that feeds you
The Trademark Troll, a blog written by former Harley Davidson IP counsel Dick Troll, comments on the S&L Vitamins case: Almost every case involving the... Read more
Judge: “Go after your distributors, not free enterprise”
Judges — especially in the Eastern District of New York — are picking up what’s going on in the “elite salons” end of the trademarks-as-distribution-method-enforcement... Read more
Online use of trademarks and copyrights by “unauthorized distributors”
LIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary... Read more
Designer Skin v. S&L Vitamins trial update
The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry... Read more
Canada: Copyright law not meant to protect distribution networks
The Gray Blog reports that the Canadian Supreme Court has rejected an attempt — the sort made all day all over North America — to... Read more
Best of 2008: “Designer Skin v. S&L Continued: ‘S&L had a perfect right to sell this product'” (July)
This was first posted on July 18th: Unfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James Teilborg’s... Read more
Online retailing and initial interest confusion
We reported earlier on a related case in this area implicating the use of trademarks to sell merchandise online via “unauthorized distributors.” A new decision... Read more