Lefkowitz (Trademark) - Respondent
San Francisco, CA
Members: Zhi "Richard" Li, Atrina Mehdipour, Kendal Mitchell
Coaches: Gregory Michael, Dorothy Yamamoto, Tina Nguyen
Description of Issues:

Background

Skeletron Animation Productions, LLC and its founder Lucifer L. Lyons (collectively "SAP") developed the fantasy character "Skeletron," a dark sorcerer that appeared in videogames, movies, magazines and on billboards throughout the United States in the 1980s. In 2018, SAP sued Cyber Skull Security, Inc. for trademark dilution and false designation of origin arising from Cyber Skull's use of the Skeletron character and name in advertisements and as a useable character within Cyber Skull's augmented reality cybersecurity program. The District Court of Utopia denied the plaintiffs' claims. An appeal is pending.

Questions Presented

  • Did the District Court err in finding that Plaintiffs own rights in the SKELETRON trademark and SKELETRON Character design mark?
  • Did the District Court err in finding that the SKELETRON trademark and SKELETRON Character design mark are not famous under 15 U.S.C. 1125(c)?
  • Did the District Court err in finding that Defendant's use of the SKELETRON trademark and SKELETRON Character design mark did not infringe Plaintiffs' trademark rights?
Scheduling Contact: Tina Nguyen (tina.nguyen@uchastings.edu)
Document(s): The bench memorandum will be e-mailed to judges prior to each practice.
DATE AND TIME ROOM JUDGE JUDGE JUDGE JUDGE JUDGE
Sat. January 12
12:00PM - 1:00PM MCR CLOSED CLOSED CLOSED CLOSED CLOSED
2:00PM - 4:00PM MCR CLOSED CLOSED CLOSED CLOSED CLOSED
Mon. January 14
12:00PM - 1:00PM E CLOSED CLOSED CLOSED CLOSED CLOSED
Tue. January 15
7:00PM - 8:00PM J Paige Adaskaveg Nicole Vales Amrita Sethi
Wed. January 16
11:00AM - 12:00PM F miranda rowley Sally Shin Reid Bekah Young Navneet Mattu
7:00PM - 9:00PM F Ashley Ayad Alex Padua Brittany Julia Covello Melia Lum
Sat. January 19
1:30PM - 2:30PM J Yena Kim Irene Lee Amrita Sethi
3:30PM - 5:30PM E Victoria Ayeni Kyle McLean
Tue. January 22
7:00PM - 8:00PM E Swetha Gopalakrishnan ashley miranda rowley Breana Burgos Anna Bernstein
Wed. January 23
11:00AM - 12:00PM MCR shireen leung Michael Mahoney Irene Lee Navneet Mattu Madison DiZinno
7:00PM - 8:00PM MCR / Joint Practice Julia Covello ashley Amrita Sethi CLOSED
Sat. January 26
12:00PM - 1:00PM MCR Nick Hunt miranda rowley Addie Subido Eisha Perry
2:00PM - 4:00PM G / Line-by-Line CLOSED CLOSED CLOSED CLOSED CLOSED
Mon. January 28
12:00PM - 1:00PM C Alyssa Crooke Katheryn Wenger Thomas Ferdon Elizabeth Silva
Tue. January 29
7:00PM - 8:00PM F Victoria Ayeni Michael Mahoney Yuri Okura Helena Sowah Shireen Leung
Wed. January 30
11:00AM - 12:00PM MCR Kat Sundberg Zahra Alamire Arun Bose Addie Subido Navneet
5:00PM - 6:00PM 404 (Tower) CLOSED CLOSED CLOSED CLOSED CLOSED
7:00PM - 9:00PM MCR ashley Brittany
Sat. February 2
12:00PM - 1:00PM C Yena Kim
2:00PM - 4:00PM C / Stop-and-Go CLOSED CLOSED CLOSED CLOSED CLOSED
Sun. February 3
4:00PM - 6:00PM 404 (Tower) / Fun Practice Jonathan Ebneyamin Amrita Sethi Julia Covello
Mon. February 4
12:00PM - 1:00PM MCR Jonathan Chew bekah Sarah Casey Melia
Tue. February 5
7:00PM - 8:00PM C / Dress Rehearsal Alex Padua
Wed. February 6
11:00AM - 12:00PM F Michelle Dong
7:00PM - 9:00PM F / Send-off ashley Navneet Rebecca Kyle McLean