A 2023 pilot animated film sparked three trademark infringement lawsuits this month, with the key focus of the cases falling on two trademarks and seven characters.
Case information
案件号：24-cv-03109、24-cv-03105、24-cv-03104
Case filing time: April 18, 2024
原告：Glitch Productions Pty Ltd.
代理律所：Tme Law, P.C.
Glitch is an independent animation studio known for creating interesting and vibrant stories that are especially popular with teens and young adults. ONE OF THE STUDIO'S WELL-KNOWN WORKS, "THE AMAZING DIGITAL CIRCUS", WAS OFFICIALLY THE TARGET OF THIS CASE.
"Fantastic Digital Circus" is its pilot episode, which has accumulated more than 304 million views since its launch on YouTube on October 13, 2023. The series depicts a group of human beings trapped in a digital circus and with lost memories as they struggle to challenge a series of bizarre and dangerous missions set by Leader Caine, which are simple on the surface, but in fact full of mental stimulation and life tests.
Glitch拥有两项关键商标：“THE AMAZING DIGITAL CIRCUS”，注册于25类目鞋服、28类目玩偶和41类目娱乐服务类别。
AND "ANIMATEZ" IN THE TOY CATEGORY.
Animation property rights protection is not limited to trademarks, but also includes the copyright registration of characters.
Case information
案件号：24-cv-03005、24-cv-02629
Case filing time: April 15, 2024 and April 2, 2024
原告：The Pencil Grip, Inc.
代理律所:Nair Law LLC
The Pencil Grip has been around for nearly 30 years, and its signature product, Pencil Grip, was invented in 1992 by Dr. Lois Provda, an expert in educational therapy. These ergonomically designed pencil grips significantly improve writing quality, provide greater control, and reduce hand fatigue, making them the go-to tool recommended by therapists to assist children in writing.
Trademark protection is a tool to correct children's pen grip
Case information
案件号：24-cv-02795
Case filing time: April 8, 2024
原告:Merch Traffic, LLC
Law firm represented: GBC
The Notorious B.I.G. is a rap artist who originated in New York City. He rose to fame in the 1990s and is widely regarded as one of the most prominent rappers of all time. In 1994, The Notorious B.I.G. released his debut album, Ready to Die, which featured classics such as "Juicy" and "Big Poppa," and the album's critical acclaim further established him as a central player in the East Coast hip-hop scene.
His brand product line includes clothing and a variety of accessories, and his rights protection is shown as follows:
In trademark infringement cases, not all plaintiffs are on a reasonable footing, and similarly, not all defendant sellers should be liable for damages. Sometimes it's because of "manslaughter" by the brand, and sometimes it's because the state lacks jurisdiction.
In addition, the human element of the trial process may sometimes affect the accuracy of the judgment. In this case, there may be an omission, which may lead to the freezing of funds for some sellers who do not actually meet the conditions for infringement.
Therefore, if you are a defendant in a lawsuit, it is important to carefully check your store's product titles, descriptions, images, etc., to determine whether there is any infringement of the brand's trademark or copyright. If the results of the inspection show that you are not infringing, then you do not need to worry about compensation;