Intellectual Property

Recent Posts

Andrew Gold on Overcoming the Statutory Presumption of Trademark Abandonment in The Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010)
Posted on 29 Nov 2010 by Andrew M. Gold

In this Emerging Issues commentary, Andrew Gold, a partner in the Oakland firm of Bogatin, Corman & Gold, discusses a recent federal court case, Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010) . The case deals with common law... Read More

ICANN Makes Hundreds of New gTLDs Available as of 2012
Posted on 24 Jun 2011 by Williams Mullen

By AMY G. MARINO & ROBERT C. VAN ARNAM ICANN OPENS UP HUNDREDS OF INTERNET DOMAIN NAME ENDINGS WHICH WILL GREATLY EXPAND WEBSITE POSSIBILITIES FOR BOTH BRAND OWNERS AND POTENTIAL INFRINGERS. The Board of Internet Corporation for Assigned Names and... Read More

It's a Bird, It's a Plane: Superman Claims Victory in the Federal Court of Australia
Posted on 29 May 2013 by DLA Piper

by Melinda Upton and Danielle Selig On 22 May 2013, Justice Bennett refused an application in the Federal Court of Australia, by Cheqout Pty Ltd (Cheqout), to register the trade mark 'superman workout'. Adopting the test relied upon by... Read More

FREE DOWNLOAD: 2.5M Settlement in Fendi Trademark Suit - Fendi Adele S.R.L. v. Filene's Basement, Inc., 2010 U.S. Dist. LEXIS 23478 (S.D.N.Y. Mar. 10, 2010)
Posted on 20 May 2010 by Copyright & Trademark Law Community Staff

Filene's Basement Inc. has agreed to settle the matter with Fendi Adele SRL for $2.5 million. The suit stems from accusations that Filene's Basement sold counterfeit goods with Fendi's trademark. Read More

Ninth Circuit Provides Important Guidance for Analyzing Internet Keyword Trademark Infringement
Posted on 22 Jun 2011 by Foley & Lardner LLP

By Jeffrey A. Simmons ( jsimmons@foley.com ) In March 2011, the U.S. Court of Appeals for the Ninth Circuit issued an important decision addressing the circumstances in which the use of keywords for Internet searches can constitute trademark infringement... Read More

Andrew Gold on Overcoming the Statutory Presumption of Trademark Abandonment in The Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010)
Posted on 29 Nov 2010 by Andrew M. Gold

In this Emerging Issues commentary, Andrew Gold, a partner in the Oakland firm of Bogatin, Corman & Gold, discusses a recent federal court case, Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010) . The case deals with common law... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 11 - 15
Posted on 21 Dec 2010 by Copyright & Trademark Law Community Staff

11. Toyota Motor Sales: Internet Shoppers Rarely Confused by Trademark Use in Domain Names In a lively opinion displaying unusual judicial sophistication regarding the Internet, the Ninth Circuit rules that domain names buy-a-lexus.com and buyorleaselexus... Read More

Who Owns #Hashtags?
Posted on 13 May 2013 by Arina Shulga

Proliferation of social media continues to stretch the boundaries of the law and its definitions. It prompts us to apply the proven legal concepts to new technological and social phenomena with no clear and well-defined answers. A good example... Read More

High Court Declines To Hear Tiffany’s Trademark Infringement Case Against Ebay
Posted on 30 Nov 2010 by Mark Rogers

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 29 declined to grant a petition for certiorari by Tiffany (NJ) Inc. in a case in which the high-end jeweler had accused online auction site eBay Inc. of trademark infringement ( Tiffany... Read More

Trademark Owners: USPTO Promulgates Request for Comments on “Bullying” Trademark Litigation Tactics
Posted on 23 Nov 2010 by Norton Rose Fulbright

By Tracy Stewart DeMarco and James Paul Williamson The United States Patent and Trademark Office ("USPTO") recently issued a request for comments concerning perceived overreaching trademark litigation tactics that may harm small businesses... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 6 - 10
Posted on 22 Dec 2010 by Copyright & Trademark Law Community Staff

6. Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA") Design piracy has long been considered a problem by some in the fashion industry and a boon by others. Other than trademarked... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 1 - 5
Posted on 23 Dec 2010 by Copyright & Trademark Law Community Staff

1. The Innovative Design Protection and Piracy Prevention Act - Fashion Industry Friend or Faux? Unlike their European Union counterparts, where protection of fashion designs has always been a part of the legal and cultural "fabric," for... Read More

Descriptive Trademarks Can Be Difficult to Enforce, Discovers Timelines, Inc.
Posted on 27 Oct 2011 by Lee Berlik

Timelines, Inc., a small Chicago-based Internet company, has lost the first round of its legal efforts to obtain a court finding that Facebook infringed on its "Timelines" trademark when it announced its much-ballyhooed new feature, "... Read More

Roadmap for Intellectual Property Protection in China -- Trademark Protection in China
Posted on 11 Mar 2010 by EU-China Project on the Protection of IP Rights

As part of its work on supporting right holders of intellectual property, the EU-China IPR2 Project publishes a series of condensed guides for European and Chinese companies seeking practical advice on how to protect their IP in China and Europe respectively... Read More