Minsky trademark litigation
Minsky Case Settles
02/09/2009 20:31 Filed in: Trademark | Intellectual Property
On January 22, 2009, U.S. District Judge Lawrence E. Kahn signed an order dismissing Richard Minsky’s case involving alleged trademark infringement in Second Life. According to the Albany federal district judge’s order, Magistrate Judge David R. Homer reported to the Court that the parties had settled their case. Accordingly, Judge Kahn dismissed the case. The dismissal brings to an end the suit involving alleged infringement of Mr. Minsky’s SLART federally registered trademark. Read More...
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New Confideniality Stipulation in Richard Minsky's Lawsuit
01/17/2009 20:47 Filed in: Trademark | Intellectual Property
On January 15, 2009, Richard Minsky and Linden Research agreed to a stipulation regarding the treatment of confidential information exchanged during the discovery process in their Second Life trademark infringement case. Judges routinely sign stipulated orders of this kind to allow the parties to exchange confidential information in the course of discovery while protecting the confidentiality of the information exchanged. Otherwise, the docket reveals little activity during the holiday season. A copy of the stipulation appears on the Minsky v. Linden Research documents page.
Richard Minsky Appeals Order Denying Relief
12/26/2008 20:36 Filed in: Trademark | Intellectual Property
On December 18, 2008, Richard Minsky appealed the December 8 order in his Second Life trademark infringement case denying Mr. Minsky’s motion regarding Linden Research’s compliance with the temporary restraining order (TRO) in the case. Mr. Minsky contended that Linden Research failed to comply with the TRO, but the magistrate judge disagreed. Mr. Minsky now seeks to have the district judge on the case overturn the magistrate judge’s order. Read More...
Update on Minsky Trademark Infringement Suit
12/10/2008 22:07 Filed in: Trademark | Intellectual Property
Since my last blog entry concerning Richard Minsky’s Second Life trademark infringement case, Mr. Minsky asked the Court to drop the John Doe defendant -- an avatar named Victor Vezina -- from his case. The Court granted Mr. Minsky’s request on December 3, 2008. In addition, on December 8, 2008, the Court denied Mr. Minsky’s motion regarding Linden Research’s compliance with the temporary restraining order in the case. Read More...
Minsky Spars with Rosedale and Kapor over Alleged Fraud in Minsky's Second Life Trademark Infringement Case
In the past two weeks, Linden Research Chairman Philip Rosedale and former Chairman Mitch Kapor continued to spar with Richard Minsky in federal court filings concerning the fraud claims asserted against them by Mr. Minsky. Mr. Minsky brought his action against Rosedale and Kapor, as well as Linden Research, to claim infringement of his federally registered trademark SLART. Rosedale and Kapor recently filed a reply brief in support of their motion to dismiss the fraud claims against them, and Minsky’s filing is an additional reply in opposition to their motion. Read More...
Richard Minsky Opposes the Motion to Dismiss in His Trademark Infringement Case Concerning Second Life
11/09/2008 21:42 Filed in: Intellectual Property | Trademark
This past week, Richard Minsky opposed the motion to dismiss his fraud claims against Linden Research Chairman Philip Rosedale, and former Chairman Mitch Kapor. Rosedale and Kapor are defendants in Minsky’s case, in which he asserts his rights to the federally registered trademark SLART against Linden Research. Rosedale and Kapor sought dismissal of the fraud claims against them, and Minsky’s opposition seeks to keep the fraud claims in the case. I expect Rosedale and Kapor to file a reply brief in support of their motion, after which Judge Lawrence E. Kahn will rule on the motion. Read More...
Judge Enters Preliminary Injunction in the Minsky Second Life Trademark Infringement Case
11/03/2008 10:20 Filed in: Trademark | Intellectual Property
Last week, Judge Lawrence E. Kahn signed a stipulated preliminary injunction in the Second Life trademark infringement case brought by Richard Minsky against Linden Research. Under the stipulated order, the Court converted the temporary restraining order (TRO) in place in the case to a preliminary injunction. The defendants in the case are Linden Research, two of its principals, and an anonymous avatar named Victor Vezina. Mr. Minsky’s suit claims infringement of his federally registered trademark SLART. The purpose of a preliminary injunction is to hold the status quo in place during the pendency of a case. The preliminary injunction will likely remain in effect until the case is resolved. Read More...
Linden Research and Richard Minsky Agree on a Preliminary Injunction in their Second Life Trademark Infringement Case
10/27/2008 15:29 Filed in: Trademark | Intellectual Property
Last week, Richard Minsky and Linden Research agreed to convert the temporary restraining order (TRO) in place in their trademark infringement case to a preliminary injunction. Mr. Minsky had sued Linden Research, two of its principals, and an anonymous avatar named Victor Vezina claiming infringement of his federally registered trademark SLART. It is now up to Judge Lawrence E. Kahn to sign the proposed order converting the TRO to a preliminary injunction. I expect Judge Kahn to sign the order, since judges typically abide by the parties’ wishes on pretrial proceedings and encourage collaboration and settlement. Once that order is in place, it will likely remain in effect until the case is resolved. Read More...
Fairly Quiet Week for the Minsky SLART Second Life Trademark Infringement Case
10/20/2008 11:11 Filed in: Trademark | Intellectual Property
Last week was a fairly quiet one for the trademark infringement case brought by Richard Minsky. Mr. Minsky filed a reply letter brief in further support of his letter motion essentially seeking a declaration that Defendant Linden Research has failed to comply with the temporary restraining order (TRO) in the case. Linden Research asked the Court to strike Mr. Minsky’s reply brief from the record, saying that the Court’s dispute resolution procedures set forth in the TRO do not permit reply briefs. Mr. Minsky is known as ArtWorld Market on Second Life and claims ownership in the registered trademark SLART used with his art magazine. He sued Linden Research, some of its principals, and an anonymous avatar named Victor Vezina claiming infringement of his SLART mark. Read More...
Defendants Respond in the Minsky SLART Trademark Infringement Case Concerning Second Life
10/11/2008 13:07 Filed in: Trademark | Intellectual Property
This past week, the defendants in the Minsky trademark infringement case responded with a number of their own court filings. Richard Minsky had filed a trademark infringement lawsuit last summer against Linden Research, an avatar named Victor Vezina (named as a John Doe defendant), Linden Chairman Philip Rosedale, and former Chairman Mitchell Kapor in Albany’s federal court. Mr. Minsky is known as ArtWorld Market on Second Life and claims ownership in the mark SLART used with his art magazine. Richard Minsky’s recent letter brief claimed non-compliance with the temporary restraining order in place. Linden Research defended its conduct in its own letter brief. In addition, Kapor and Rosedale asked the Court to dismiss the claims against them. Finally, Linden Research filed an answer and counterclaims document denying Mr. Minsky’s allegations, asserting a number of defenses, and seeking its own relief in a counterclaim that includes infringement and cancellation claims. Linden Research contends that Mr. Minsky infringed upon its SECOND LIFE and SL marks. Read More...
Minsky SLART Cancellation Proceedings Suspended
10/09/2008 22:16 Filed in: Trademark | Intellectual Property
On October 2, 2008, the Trademark Trial and Appeal Board suspended the proceedings instituted by Linden Research, Inc. against Richard Minsky to cancel his SLART trademark used with his art magazine. The Board’s suspension effectively stops Linden Research from doing an end run around the federal lawsuit Mr. Minsky filed against Linden Research and others in the United States District Court for the Northern District of New York. The previous day, counsel for Mr. Minsky had filed a motion requesting the suspension, and the Board agreed that suspension was appropriate, citing a regulation permitting suspension of a Board proceeding in the event a civil suit would have a bearing on it. Read More...
Minsky v. Linden Research Letters
10/05/2008 17:11 Filed in: Trademark | Intellectual Property
This past week, both Richard Minsky and defense counsel sent letters to one of the Albany federal court judges presiding over his SLART trademark suit against Linden Research, an avatar named Victor Vezina (named as a John Doe defendant), Linden Chairman Philip Rosedale, and former Chairman Mitch Kapor. Mr. Minsky sent a letter to Magistrate Judge David R. Homer, while defense counsel’s letter went to District Judge Lawrence E. Kahn. Read More...
Parties Moving Closer Together in Minsky Case
09/29/2008 15:45 Filed in: Trademark | Intellectual Property
On September 29, 2008, counsel for Linden Research and other defendants sent a letter to Albany federal court Judge Lawrence E. Kahn announcing an “agreement in principle” with Richard Minsky regarding part of the case Mr. Minsky brought against Linden Research: whether or not the Court should issue a preliminary injunction. A preliminary injunction preserves the situation the parties face while a case is pending, but is not a final resolution of the case. Therefore, this “agreement in principle” does not portend an imminent settlement of the entire case, although it is a sign of open communications among the parties that may lead to an eventual settlement. The defendants apparently are agreeable to converting the existing temporary restraining order into a preliminary injunction, thereby avoiding what appeared to be an expensive showdown on the motion for preliminary injunction with Mr. Minsky. Read More...
Briefing Schedule Set on Minsky Trademark Case
09/21/2008 21:16 Filed in: Trademark | Intellectual Property
On September 16, 2008, a federal judge in Albany, NY, Judge Lawrence E. Kahn, signed an order setting up the preliminary injunction showdown between Richard Minsky and Linden Research. Minsky, whose SL avatar is ArtWorld Market, is seeking a preliminary injunction restraining the Lindens from infringing upon his U.S. Trademark SLART. A hearing is set on the preliminary injunction for December 3, 2008. Plaintiff Richard Minsky’s opening brief is due on October 30, the Defendants’ brief is due November 5, and Minsky may serve a reply brief no later than November 10. Read More...
Defendants Seek to Dissolve Minsky Restraining Order
09/14/2008 15:30 Filed in: Trademark | Intellectual Property
The defendants in the Minsky v. Linden Research case entered their appearance in Court this week and sought to dissolve the temporary restraining order entered against them on September 4, 2008. The Court will create a schedule for briefing and a hearing on whether the Court should issue a preliminary injunction against the defendants during the case. Mr. Minsky filed a reply in support of his motion for temporary restraining order and preliminary injunction. In the end, the Court entered a modified temporary restraining order pending the preliminary injunction hearing. The TRO implements a trademark take down procedure by which Mr. Minsky can continue to bring infringements to the attention of the Lindens for action. Read More...
Minsky v. Linden Research Update
09/09/2008 06:42 Filed in: Trademark | Intellectual Property
On July 29, 2008, artist and art critic Richard Minsky filed suit against against Linden Research, an avatar named Victor Vezina (named as a John Doe defendant), Linden Chairman Philip Rosedale, and former Chairman Mitch Kapor in Albany’s federal court. Mr. Minsky’s avatar in SL is ArtWorld Market, and he is attempting to enforce his SLART trademark used with his art magazine. He filed an amended complaint on August 14. I posted the court documents about the case on my Minsky v. Linden Research documents page. Mr. Minsky obtained a temporary restraining order against the defendants, prohibiting them from infringing on his mark. A hearing to determine if the court should issue a preliminary injunction will take place tomorrow. Read More...