v. Seinfeld , No. 09-4423-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND
CIRCUIT, 2010 U.S. App. LEXIS 8778, April 28, 2010, Decided, PLEASE REFER
TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO
Yet another anti-counterfeiting case,
but this case is especially interesting because, in addition to the trademark
and trade dress claims, there is a true copyright infringement claim based on
Read the complain in Coach. Inc. and...
Elsevier, Inc. v. Muchnick , No. 08-103, SUPREME COURT OF THE UNITED STATES,
130 S. Ct. 1237; 176 L. Ed. 2d 18; 2010 U.S. LEXIS 2202; 93 U.S.P.Q.2D (BNA)
1719; Copy. L. Rep. (CCH) P29,914; 38 Media L. Rep. 1321; 22 Fla. L. Weekly
Fed. S 143...
Shell Serv. v. Shell Oil Prods. Co. LLC , No. 08-240, SUPREME COURT OF THE
UNITED STATES, 130 S. Ct. 1251; 176 L. Ed. 2d 36; 2010 U.S. LEXIS 2203; 22 Fla.
L. Weekly Fed. S 147, January 19, 2010, Argued, March 2, 2010, Decided,
In Bryant v. Media Right Prods. , 2010 U.S.
App. LEXIS 8657 (2d Cir. N.Y. Apr. 27, 2010) , the Second Circuit affirmed that a copyright
owner was entitled to only one award of statutory damages for its music album compilation
even though the album's...
For today's consumer
goods product developer, counterfeiting is a huge concern. An essential part of
any campaign against counterfeit goods is Internet enforcement. In this
Analysis, David Starr and Gregory Bennett focus on the details of establishing...
Members who follow the Fashion Industry Law page ( http://www.lexisnexis.com/Community/copyright-trademarklaw/landing-page.aspx?Item=301 )
would be well advised to delve into this new work. FASHION LAW is a comprehensive survey of the
FOR IMMEDIATE RELEASE
Fordham Law School Launches First-Ever Fashion Law
Key Support Provided by Council of
Fashion Designers of America
New York (April 27, 2010)- Fashion is
among the largest contributors to the global economy and...
Andrew Beckerman-Rodau, Professor of Law & Co-director
Intellectual Property Law Concentration, Suffolk University Law School, comments on the
2nd Circuit's April 30 decision in the copyright infringement case involving
The purpose of the "single publication
rule" is to control damages resulting from mass communications so that a
repeated communication does not create new causes of action. While some
occurrences of a single publication are rather straight forward...
In this Analysis, Anne Gilson LaLonde surveys
why and how personal name marks receive special treatment in trademark law, how
personal name marks can be valid, enforceable marks, and how one can register
them with the USPTO. She also discusses fair, non...
Developments have been moving fast in Brazil regarding the possible
first-ever WTO-sanctioned cross-retaliation against intellectual
In November 2009, the World Trade Organization (WTO) gave Brazil the formal go-ahead to impose sanctions...
The Second Circuit's April 1, 2010 opinion in Tiffany
v. eBay , both affirmed and remanded portions of the decision of
the U.S. District Court for the Southern District of New York that addressed
whether the online marketplace site eBay may be...
My friend Victoria Van Buren blogged about my Texas Bar Journal Article for March about Internet Jurisdiction , but the March 2010 issue is entitled "The Attorney and Social Media" and here are other articles of interest:
My friend John...
Last week marked
the 300th anniversary of the
Statute of Anne , the first true modern copyright law in the West, which was
passed by the British Parliament in 1710. It established a copyright term of 14
years and, for the first time, brought the...
Issued April 6, 2010, this opinion is the latest installment
of the HAVANA CLUB saga. Here, Pernod Ricard USA brought a false
advertising claim against Bacardi U.S.A., alleging that Bacardi's use of the
HAVANA CLUB trademark on its rum bottle deceives...
Last April the British Intellectual Property
Office published a discussion paper asking the public for input on whether
their might be a useful role for a new, industry backed Digital Rights Agency in
reducing illegal file sharing as well as facilitating...
April 1, 2010, the Court of Appeals for the Second Circuit issued its decision
in Tiffany (NJ) Inc. v. eBay Inc . [ 600 F.3d 93 (2d Cir. N.Y. 2010) ] The District Court for the Southern
District of New York had found that eBay, an online marketplace...
On April 1, 2010, the Second Circuit issued
its long awaited decision in Tiffany Inc. v. eBay , Inc., 2010 U.S.
App. LEXIS 6735 (2d Cir. 2010) . The Court held in eBay's favor on the key
issue in the case, finding that eBay was not liable for contributory...
When is a costume, well, just
not a costume? That would be Mardi Gras - New Orleans, some of the revelers
claim. In a decision that has long had many raising their eyebrows (pasted on
or real) costumes have long been considered not protectable under...
Before the Supreme
Court’s decision in Reed Elsevier, Inc. v. Muchnick , 176 L.
Ed. 2d 18 (U.S. 2010) , 17
USCS § 411 (a)’s registration requirement had been widely regarded as
"jurisdictional." In Muchnick ,
the Supreme Court...
If ever we hated to say "we told you so", this is that
moment. The U.S./Brazil dispute over U.S. cotton subsidies 
has landed the U.S.
on the wrong side of a WTO ruling, resulting in sanctions. Brazil
has already identified 102 U.S....