For our weekly SoCal IP Institute meeting on Monday, August 17th, 2020 we will discuss the following cases:
In re Parallel World Brewing Company LLC (TTAB 2020) (Case Here)
Applicant Parallel World Brewing Company LLC filed a trademark application for the mark CHRONICLE for “beer”, but was refused in light of another registration of CHRONICLE for “Restaurant; café; snack bar; coffee bar and coffee house; carry out restaurant, and take out restaurant services; catering services; coffee supply services for offices; contract food services; food preparation; preparation of carry out foods and beverages”. On appeal, the TTAB reversed the Examiner’s decision.
Genius Media v. Google (E.D.N.Y) (Case Here)
Genius Media operates a website that collects lyrics to popular songs. Google allegedly used data generated from the Genius Media site to run other services, Genius Media sued for copyright infringement among other causes of action. After briefing and fighting over venue issues, the Eastern District of New York decided to dismiss the entire case finding the federal copyright act preempted Genius’s other claims and that Google had not infringed a valid copyright.
Bolger v. Amazon (Cal.App.4th)(Case Here)
Plaintiff purchased a replacement laptop battery from Amazon that turned out to be defective and dangerous. Plaintiff sued Amazon under a theory of products liability, arguing Amazon had put a defective and highly hazardous product into the stream of commerce. Amazon argued it could not be held liable under the communications decency act, and won a motion for summary judgment at the trial court level. The California Court of Appeal did not agree with Amazon and remanded the case to the trial court.
All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link at 12:00pm PT. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.