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
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
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
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
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
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
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
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
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
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
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
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
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