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Retro Console War Part I of III - Atari Interactives Comes Out on Top Over Hyperkin Inc. In Trade Dress Battle Over their Iconic Controller Design

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Atari Interactive, Inc. v. Hyperkin Inc. , No. 219CV00608CASAFMX, 2020 WL 4287584 (C.D. Cal. July 27, 2020). https://www.logolounge.com/articles/the-origin-of-the-atari-logo PART I of III - Background Topic:     Trade Dress - Video Game Controllers I. INTRODUCTION Plaintiff Atari Interactive, Inc. (“Atari Interactive”) filed this action against defendant Hyperkin Inc. (“Hyperkin”) on January 25, 2019. Atari Interactive asserts claims for: (1) false designation of origin, in violation of 15 U.S.C. § 1125(a); (2) common law unfair competition; and (3) trademark dilution, in violation of 15 U.S.C. § 1125(c). Hyperkin filed an answer on March 21, 2019. The gravamen of Atari Interactive's claims is that Hyperkin's videogame console and joystick controller infringe Atari Interactive's trade dress in Atari Interactive's own console and joystick controller. Hyperkin filed a motion for summary judgment on June 1, 2020, and a statement of uncontroverted facts and conclusions of l
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5th Circuit Splits on Issue of Copyright Act Preemption of Unjust Enrichment Claims and Data Scraping in "Geosteering" Software Case, Digidrill v. Petrolink

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Digital Drilling Data Sys., L.L.C. v. Petrolink Servs., Inc. , No. 19-20116, 2020 WL 3603953 (5th Cir. July 2, 2020) https://www.drillingpoint.com/p2797/cost-reduction-improving-sweet-spot-coverage/ Topics: Software, Preemption, Data Scraping, Unjust Enrichment, DMCA Takeaways: This 5th Circuit verdict indicates a possible split on the issue of data scraping previously addressed by the 11th Circuit in Compulife v. Newman . Here, Digidrill did not challenge the District Court's holding that the drilling data scraped from their system by Petrolink was un-copyrightable facts so it was not addressed by the 5th Circuit aside from being mentioned in a footnote. But in Compulife , the 11th Circuit found that the insurance pricing data that was scraped individually were publicly available facts, but that in the aggregate was not and that data scraping "limitless amounts" of data may constitute improper means. The data scraping in both of these cases deal with "factual"
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Justice Breyer's Dissent - Argument for Adoption of Goodyear to Create a Higher Standard for Trademark Eligibility for Internet-Domain Compound Terms in USPTO v. Booking.com PART II

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United States Patent & Trademark Office v. Booking.com B. V., 20 Cal. Daily Op. Serv. 6243 (U.S. June 30, 2020) https://www.portfolio.hu/en/business/20200520/hungary-slaps-record-fine-of-eur-7-million-on-bookingcom-432994 Topic: Trademark Registration, Generic Names, Compound Terms Read the Majority Opinion in Part I  Here. In an 8-1 decision, the Supreme Court held that a "generic.com" name is ineligible for trademark protection unless the "generic.com" name itself has meaning to consumers.  Justice Breyer argues that consumers can be easily confused and argues to adopt the Goodyear  standard argued by the USPTO. Goodyear  found that adding a company designation (ex. "Company," "Corp.," "Inc.") to a generic term does not yield a protectable compound term. Goodyear  found that adding a company designation merely indicates corporate form and does not distinguish one corporations' goods/services from another. Justice Breyer argues
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