A Pornhub domain cybersquatter has lost his 3rd UDRP in a row, this time for the typo-domain Porhub.com.
 Mar 2020

Having lost the UDRP for Pornhub.CO and Ponrhub.com, the inevitable happened, and the Complainant filed another UDRP.

“The major domain name marketplaces offer thousands of domain names for sale that are similar to Complainant’s mark, but Complainant is not focusing on these. Respondent registered the domain name for investment purposes only. Since registration, Respondent has redirected 100% of Google/SEO traffic to to avoid any bad faith issues or other problems with Complainant’s mark. Respondent has not used any “Pornhub” style, design or feature on the website at the disputed domain name. After receiving notice of this dispute, Respondent removed the content of the website at the disputed domain name. Therefore the domain name is not being used in bad faith or in competition with Complainant.”

NAF panelistordered the domain to be transferred to the Complainant:
Respondent’s allegation, even if true, that Complainant has not taken action in relation to many other domain names constituting variations of Complainant’s mark that are allegedly for sale on domain name marketplaces does not of itself justify the Respondent registering and using the domain name in bad faith.

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Claims Of Lying To USPTO Survive In 'Woman' Slogan TM Suit
 Mar 2020

A Texas federal judge has declined to dismiss claims of fraud committed against the U.S. Patent and Trademark Office in a lawsuit between two female-led firms over the use of the slogan "Ever Argue With a Woman."

U.S. District Judge David Alan Ezra ruled Wednesday that Tessmer Law Firm PLLC in San Antonio could proceed with its counterclaims against Florida attorney Melissa A. Wilson, saying that the Texas firm has a legitimate basis for its claim that Wilson lied to the USPTO when she indicated she was not aware of any other entity using the slogan.
The judge also refused to dismiss a claim to cancel the trademark application, saying that it was too soon to decide the issue.

The lawsuit, which was filed by Wilson in October 2018, is over the use of two very similar slogans. Wilson’s firm uses the slogan, "Ever Argued With a Woman." Attorney Heather Tessmer and Tessmer Law, meanwhile, use the slogan, "Ever Argue With a Woman?"
It was around then that Wilson says she learned that Tessmer Law, a firm founded by co-defendant Heather Tessmer, had begun using the similar "Argue" mark, including on billboards in the San Antonio area.
According to the complaint, Wilson immediately reached out but Tessmer never responded.

Wilson then moved to trademark the "Argue" slogan in 2019.
Tessmer, meanwhile, says she has been using "Ever Argue With a Woman?" since 2011 and received a Texas trademark registration for it in 2018. Since then, she has been policing use of the mark, sending cease-and-desist letters to two other firms who subsequently stopped using the slogan.
Tessmer has filed counterclaims alleging that Wilson lied to the USPTO in her trademark application and moved to invalidate the application. Wilson argued that she had not been deceptive when telling the USPTO that no other party used the proposed trademark because Tessmer had no right to use the phrase.
The judge, however, ruled that Wilson's argument was "unpersuasive," and allowed the claims to proceed.

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Woofie's Files Trademark Lawsuit Against Chantilly Pet Store
 Mar 2020

Woofie's argues in a lawsuit that the use of the name Woofys by a Chantilly pet store will cause "irreparable harm" to its reputation.

Northern Virginia pet services company Woofie's filed a trademark infringement lawsuit in federal court Wednesday against Woofys pet store in Chantilly, arguing the use of the Woofys name by the owners of the new store will cause "irreparable harm" to the company's reputation unless the court steps in.

In filing the trademark lawsuit against Woofys and brothers Ayman Koshok and Kareem Koshok who the lawsuit contends are behind the new store, Woofie's is asking the court to block the usage of the name Woofys and award the company damages "as the court finds appropriate to deter any future willful infringement." Woofie's also named RPAI Chantilly Crossing L.L.C., owner of the shopping center where the Woofys store is located, as a defendant in the lawsuit.

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MLS Loses Initial Argument in Inter Miami Trademark Lawsuit
 Mar 2020

A fair bit of branding is trying to carve out your own space in the marketplace wheels still hewing close enough to the general themes of the industry to be identified as being of the same ilk.

It's maybe not the perfect example, but the one front of mind to me is Dr. Thunder, the soda you see sold at Wal-Mart that's clearly meant to evoke Dr. Pepper. You know what you're getting when you buy Dr. Thunder — something similar in taste to Dr. Pepper — but it's not so close in name as to be actionable. Wal-Mart's version is evocative without being entirely derivative.
"Derivative", is often a pejorative that's been tossed at Major League Soccer in the years since it rebranded many of its clubs, adding "FC" and "Real" and "United" to team names to try and conjure comparison to older, richer, more traditional leagues and teams across Europe. It's clumsy, to be sure — how can a club be united if there weren't preexisting clubs to unite, and what does a team in Salt Lake City have to do with the King of Spain are questions without answers — but free of questions as to their legality. Or at least until this point.

The recently-christened Inter Miami has lost an early legal battle in its bid to retain its name. As detailed by Pro Soccer Talk, The expansion MLS team, set to make its debut this season, was sued by Football Club Internazionale Milano for infringing upon the Italian club's trademark with its sobriquet. While there are many clubs that have Inter as part of its name — an argument MLS made in its defense — it's accepted among soccer fans that "Inter" refers to the Milan club, 18-time champion of Italy and thrice champions of Europe, with the other clubs as derivations thereupon.

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LeBron James's media company accused of infringing trademark
 Feb 2020

Professional basketball star LeBron James and his digital media company have unfairly profited from using a slogan trademarked almost two years ago by a Maryland nonprofit, a lawsuit filed this week alleges.

James's company, Uninterrupted, is one of four organizations being sued for trademark infringement by a lawyer representing Game Plan, a nonprofit focused on youth empowerment. The suit seeks at least $33 million in damages because Uninterrupted uses the phrase "I am more than an athlete," which is trademarked by Game Plan.
The complaint also names ESPN, Nike and video game company Take-Two Interactive as defendants.

Game Plan said it has been selling t-shirts with their slogan since officials first filed for a trademark in December 2016. The trademark was approved in June 2018.
Attorneys for Uninterrupted dismissed Game Plan's claims. "The complaint filed by Game Plan today is meritless and contains numerous factual inaccuracies. Uninterrupted owns prior rights in and to the More Than An Athlete trademark," they said in a statement.

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