Trademark troll is a pejorative term for any entity that attempts to register a trademark without intending to use it and who then threatens to sue others who use that mark. [1] As a traditional troll is said to collect a toll from those trying to cross a bridge, a trademark troll "magically appears when an unsuspecting producer adopts the same or similar mark and poses upon them two choices: pay to get a license to use my mark or litigate". [1]
The existence of trademark trolls exemplifies a common misunderstanding about trademark rights: the mere registration of a mark does not give the trademark owner a monopoly over that mark but must be used in commerce. [1] As a consequence, while Leo Stoller, who has been labelled a "prototypical trademark troll" by intellectual property attorney Anna B. Folgers, had brought 47 trademark infringement suits as of 2007 [update] , no court had found any infringement and the Northern District of Illinois had enjoined him from filing new actions without the court's permission. [1] In a similar manner, the business practices of Tim Langdell of Edge Games were referred to as trolling by the US District Court after it was found that there was no evidence of commercial use of the asserted marks but that there was instead evidence that Langdell had fraudulently obtained and/or maintained many of his registrations. [2] [3] [4] [5]
Another more targeted example in 2008 involved Never Give Up Limited claiming that they owned the brands of two fruit juice chains, Juiceling in Glasgow and Juiced Up in Edinburgh. According to undercover reporting by the BBC, Never Give Up's representative, John Blanchard, sought tens of thousands of pounds to sell the trademarks back. [6]
A more successful example was in November 2007, when businessman Dave Behar and his internet content production company Positive Ions, Inc. sued Ion Media Networks, claiming that Positive Ions owned the trademark to the word "Ion" and that Ion Media was using the name "Ion" without permission. Positive Ions were awarded a $1.7 million settlement, however Ion Media continued using the "Ion" name for its channels. [7] [8]
In 2017, PBS member station WNED, which produced the Reading Rainbow series, filed a trademark infringement lawsuit against the show's former host, LeVar Burton. [9] WNED took issue with the name of Burton's company RRKidz, and sought administrative control of its websites and social media accounts. WNED also petitioned to stop Burton from using the Reading Rainbow catchphrase, "But you don't have to take my word for it," on his podcast. [9] After winning the lawsuit, WNED announced a revamp of the show, which ended up in development hell. [10]
Levardis Robert Martyn Burton Jr. is an American actor, director, and television host. He played Geordi La Forge in Star Trek: The Next Generation (1987–1994), Kunta Kinte in the ABC miniseries Roots (1977), and was the host of the PBS Kids educational television series Reading Rainbow for 23 years (1983–2006). He received 12 Daytime Emmy Awards and a Peabody Award as host and executive producer of Reading Rainbow.
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion.
Reading Rainbow is an American educational children's television series that originally aired on PBS and afterward PBS Kids from July 11, 1983 to November 10, 2006, with reruns continuing to air until August 28, 2009. 155 30-minute episodes were produced over 23 seasons. Before its official premiere, the show aired for test audiences in the Nebraska and Buffalo, New York markets.
The Lanham (Trademark) Act (Pub. L.Tooltip Public Law 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. is the primary federal trademark statute in the United States. In other words, the Act is the primary statutory foundation of United States trademark law at the federal level. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. In other words, patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction.
In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers and computer icons are examples of objects that are covered by design patents.
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities, which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance.
ScienTOMogy was a New Zealand-based parody site lampooning actor Tom Cruise's involvement with Scientology. Initially hosted at the domain name scientomogy.info, the site was created in 2005 in response to the extensive media publicity surrounding Cruise's appearances on The Oprah Winfrey Show and The Today Show.
WNED-TV is a PBS member television station in Buffalo, New York, United States. It is owned by the Western New York Public Broadcasting Association alongside NPR member WBFO and classical music radio station WNED-FM (94.5). The three stations share studios in Horizons Plaza at 140 Lower Terrace in downtown Buffalo; WNED-TV's transmitter is located in Grand Island, New York.
The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.
MonaVie is a defunct, American multi-level marketing company that manufactured and distributed products made from blended fruit juice concentrates, powders, and purées. The company was the subject of several controversies. Health claims for its products had not been scientifically confirmed or approved by regulatory authorities, and its chairman had been previously involved in false health claims concerning another beverage company. According to Forbes, MonaVie's business plan resembled a pyramid scheme. In 2015, the company defaulted on a US$182 million loan and went into foreclosure. Florida-based Jeunesse Global took over MonaVie’s assets when it purchased the note for $15 million.
Edge Games, Inc. is an American video game developer and publisher headquartered in Pasadena, California, best known for the practices of its founder and chief executive officer, Tim Langdell, in enforcing trademarks relating to the word "edge", which sources have described as "litigious".
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.
Cybersquatting is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else.
A copyright troll is a party that enforces copyrights it owns for purposes of making money through strategic litigation, in a manner considered unduly aggressive or opportunistic, sometimes without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, but instead makes money through the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.
Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010), was a decision by the Supreme Court of the United States involving copyright law. The Court held that failure to register a copyright under Section 411 (a) of the United States Copyright Act does not limit a Federal Court's jurisdiction over claims of infringement regarding unregistered works.
Rosetta Stone v. Google, 676 F.3d 144 was a decision of the United States Court of Appeals for the Fourth Circuit that challenged the legality of Google's AdWords program. The Court overturned a grant of summary judgment for Google that had held Google AdWords was not a violation of trademark law.
Google has been involved in multiple lawsuits over issues such as privacy, advertising, intellectual property and various Google services such as Google Books and YouTube. The company's legal department expanded from one to nearly 100 lawyers in the first five years of business, and by 2014 had grown to around 400 lawyers. Google's Chief Legal Officer is Senior Vice President of Corporate Development David Drummond.
Dr. Seuss Enters., L.P. v. Penguin Books USA, Inc. 109 F.3d 1394 is a copyright lawsuit where the court determined if a copy of an original work's artistic style, plot, themes, and certain key character elements qualified as fair use. Penguin Books published a book titled The Cat NOT in the Hat! A Parody by Dr. Juice that use the artistic style, themes and characteristics of Dr. Seuss books to tell the story of the O. J. Simpson murder case. Dr. Seuss Enterprises accuse the publisher of copyright and trademark infringement.
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