The 43(B)log today posted a nice analysis of the Western District’s denial of defendants’ motion for partial summary judgment on plaintiffs’ trademark claims in Bach v. Forever Living Products U.S., Inc., No. 05-970, 2007 WL 445447 (W.D. Wash).
Plaintiffs in the case allege that “Defendants have used a copyrighted photograph from Jonathan Livingston Seagull as their corporate logo, and have used copyrighted excerpts from Jonathan Livingston Seagull, and the copyrighted story and character of Jonathan Livingston Seagull in their advertising, communications with their independent distributors, in their sale and distribution of FLP products, and in the advertising, marketing and promotion of Forever Resorts recreational properties.”
Judge Marsha Pechman’s February 6 order is available here.