In May, a series of lawsuits were filed against Dish Network by the broadcast networks — CBS, NBC, ABC, and Fox — over Dish Network’s Hopper feature. Hopper allows viewers to automatically skip through television commercials on their DVR recorded programs and avoid messages from advertisers who have paid for commercial announcements. In connection with that suit, Fox is now seeking a preliminary injunction to stop the Dish Network from offering that feature, along with another feature called PrimeTime Anytime(and its AutoHop feature), arguing that such features cause fewer advertisers to buy commercials or to pay less for what they buy, therefore costing Fox revenue, and destroying the model upon which free television relies and ratings for commercials are calculated. Dish has responded that Fox is all wrong and that the fears expressed by Fox were unfounded. As reported in the press, this case is important because it puts technology in the center of a serious battle between what Dish believes consumers want and what Fox believes is essential to a healthy business environment.
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Case Update – Kim Kardashian Settles Her Look-Alike Lawsuit Against Old Navy
Just before the Labor Day weekend, Kim Kardashian ended her battle with Old Navy over the use of a look-alike. The settlement ends a year-long lawsuit (Kardashian v. The Gap Inc., et al., case number 2:11-cv-05960) in the U.S. District Court for the Central District of California that alleged violation of California’s right-of-publicity statute and
Facebook and Lamebook Settle Trademark Dispute
On August 25, 2011, Facebook and Lamebook, a self-described “fun humor blog” which highlights funny, absurd and “lame” things people post on Facebook, settled their trademark dispute. The dispute began in early 2010 with Facebook sending Lamebook a cease-and-desist letter to change its name and stop using the Lamebook mark. After months of discussions between the parties
NASCAR Sued Over Unsolicited Text Messages
On August 10, a California woman filed suit against Nascar Holdings, Inc., alleging that the company violated the 1991 Telephone Consumer Protection Act (“TCPA”) by sending out unsolicited text messages. According to the complaint, the text messages were sent in February of this year to promote a Sprint Cup race at Daytona. Interestingly, the plaintiff alleges that
Kim Kardashian Following in the Footsteps of Jackie O?
Jackie O, Better Midler and Vanna White are leading ladies who paved the way in “look alike” and “sound alike” lawsuits. Now, Kim Kardashian is stepping into the ring against Old Navy. The suit (Kardashian v. The Gap Inc., et al., case number 2:11-cv-05960), in the U.S. District Court for the Central District
Verizon Wireless Takes on Premium SMS Bad Actors
Our Editor-in-Chief offers some perspective on a recently filed mobile marketing lawsuit brought by Verizon Wireless against a group alleged to have engaged in fraudulent premium SMS activity. You can access the article here.
Corporations Do Not Have Personal Information Protected Under FOIA
The Supreme Court came down this week with a watershed decision that may effect businesses small and large which collect and store customers’ personal information. Despite AT&T’s attempt to argue they are a private citizen and, therefore protected under the Freedom of Information Act, the Supreme Court ruled otherwise and clarified the FOIA only applies
California Supreme Court Halts ZIP Code Collection
Reed Smith colleagues on our Global Regulatory Enforcement Law Blog discussed a recent California Supreme Court ruling that declared illegal the collection of an individual’s ZIP code when completing a credit card transaction. As a result, the ability of many retailers to generate in-store marketing leads becomes even more difficult. We encourage you to visit
Lego fails to build a convincing case at the ECJ
On September 14, the European Court of Justice rejected an appeal by Danish toy company Lego against a ruling by the Court of First Instance in 2008. Lego had previously sought to register its iconic 3-D studded brick as a trade mark. The 3-D studded brick featured prominently in Santander’s UK rebranding television campaign which
Google’s New Trade Mark Policy – Buyers Beware
Google’s new trademark policy comes into play from the 14th September 2010 in UK, Ireland and Canada, and effectively most of Europe. The change has been received with differing views. One view is that it will ultimately result in a better surfing experience for users; the other is that it is nothing other than a ruse for Google to hike up prices and cut costs. Whatever your view brands need to be aware of what, if any, rights they have left to protect their brands on line in sponsored search results on Google.
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