Intellectual Property

Recent Posts

Use of DILLINGER for Virtual Weapons in Video Games Protected by First Amendment
Posted on 11 Jul 2011 by Anne Gilson LaLonde

Although the First Amendment does not play a role in the majority of trademark infringement cases, video games are considered to be a form of artistic expression. Thus, a defendant was able to argue successfully that the First Amendment allows it... Read More

Ninth Circuit Misunderstands Aesthetic Functionality
Posted on 13 Jun 2011 by Anne Gilson LaLonde

In Fleischer Studios, Inc. v. A.V.E.L.A. , Inc., 636 F.3d 1115 (9th Cir. Cal. 2011) [ enhanced version available to subscribers / unenhanced version available from lexisONE Free Case Law ], the Ninth Circuit misapplied the doctrine of aesthetic... Read More

You Are Not Going to Believe This!: Deception, Misdescription and Materiality in Trademark Law - Free Self-Study CLE, featuring Anne Gilson LaLonde
Posted on 29 May 2012 by Copyright & Trademark Law Community Staff

Join Anne Gilson LaLonde in exploring the often confusing and illogical world of deceptive marks, deceptively misdescriptive terms, and primarily geographically deceptively misdescriptive marks. Overview Anne Gilson LaLonde, author of Gilson on... Read More