Klemchuk LLP

Apple, IBM, Scotia Bank, ARM Holdings, Samsung, Intel, Nvidia, Microsoft, Google, and Others Sued for Patent Infringement In what could be one of the largest patent infringement lawsuits in the Eastern District of Texas history, pro se Plaintiff Mers Kutt has filed a 64-page patent infringement lawsuit apparently alleging $350 billion in damages against Apple, IBM, Scotiabank, ARM Holdings, Samsung, Intel, Nvidia, Microsoft, Google, Hewlett Packard, Qualcomm, HTC, Nokia, Lenovo, Acer, Asustek, Dell, Sony, Toshiba,…
Forever 21 is being sued again for copyright infringement, but this time it’s not over clothes.  Forever 21, a well-known clothing retailer, is no stranger to the courtroom.  Known for selling trendy clothes at very low prices, the retailer has often been accused of infringing the copyrights of other clothing lines that are more expensive or exclusive.   Forever 21 Seeks Ariana Grande Endorsement in Social Media Campaign  As Forever 21 has been successful in selling to a…
Before you incorporate “Taco Tuesday” into your family’s weeknight menu, consider this: Cheyenne, Wyoming-based Taco John’s registered a federal trademark for TACO TUESDAY® with the United States Patent and Trademark Office (“USPTO”) in 1989 and has aggressively pursued various offenders of the mark nationwide for more than 30 years.   Protection of the TACO TUESDAY® Trademark Most recently, Taco John’s took aim at the Freedom’s Edge Brewery Company just five miles down the road from the Taco…
About the Firm: Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice. The firm publishes …
In the latest chapter of music industry versus streaming services, Spotify has come under fire again for allegations that it did not secure the proper licensing rights from popular rap artist Eminem before streaming his songs billions of times.  The music publisher claims the Music Modernization Act is unconstitutional.  New Twist on Licensing & Royalty Right – Is the MMA Unconstitutional? Eight Mile Style, Eminem’s music publisher, filed a copyright infringement lawsuit in federal court last week…
Domain theft, also known as domain hijacking, is the practice of changing a domain name’s registration without the permission of the domain’s original registrant.  While many may assume that domain hijacking is accomplished through nefarious methods, domain hijackers most commonly acquire a domain owner’s personal information in order to persuade the domain registrar to transfer the domain to the hijacker.  Because there are currently no specific international or federal laws that explicitly criminalize domain theft, recovering hijacked…
The following article provides a high-level summary of some of the key issues online business operators face in running a website or other ecommerce business. Conducting business online or maintaining a website may subject businesses to unforeseen legal liabilities. The following issues are a brief survey of key issues: 1. Internet Business & eCommerce A good starting point is analyzing a company’s online presence and auditing their procedures to analyze how to grow their brand…
You’ve filed the necessary paperwork to register your business or trademark, created your social media pages, and ordered signage and swag, but when you attempt to register your trademark or business name as a domain name (i.e., “your trademark.com”), your search takes you to any one of the following: (1) a webpage that reads “under construction,” “domain for sale,” or “cannot find server;” or (2) a functioning website consisting primarily of ads—potentially ads for your…
Since 2015, the band Led Zeppelin and the estate of Randy Wolfe, late singer of the band Spirit, have been embroiled in a copyright lawsuit over “Stairway to Heaven.”  The estate for Wolfe has claimed that Led Zeppelin stole elements from Spirit song “Taurus” to use in their hit “Stairway to Heaven.”  The wrinkle in the case, however, comes from the issue of whether or not the copyright protection of the sheet music of “Taurus” extends to performance elements of…
Matt’s El Rancho (“Matt’s”), a Tex-Mex restaurant located in Austin, filed suit in late June against Horseshoe Hill Cowboy Café (“Horseshoe”) in Fort Worth, and its founder, Grady Spears, for infringing its BOB ARMSTRONG DIP trademark (Reg. No. 5,135,570).  Is Bob Armstrong Dip Trademarkable? In its complaint, Matt’s notes that it has offered its infamous Bob Armstrong Dip appetizer since 1986. The appetizer was created by Matt’s and given the name “Bob Amstrong” after the…