Unlike their European Union counterparts, where protection of fashion
designs has always been a part of the legal and cultural "fabric," for
years the U.S. has lagged behind and failed to provide a clear framework
for protecting fashion...
Domain name disputes are pretty standard items in the
brand protection strategies. Domain name disputes afford brand owners an
expeditious and cheap way of securing ownership rights over infringing domain
names. Case in point, Gucci's significant...
If you've attended Toronto's Fashion Week, it's likely
that you've come away from the tent with a strong desire to wear a carpet to
your next cocktail party. If you haven't been to Toronto Fashion Week, let me
explain. Korhani is...
Value doesn't always equate to money. Remember those "Priceless"
It would be painful if "priceless" things could be forced out
of our lives, say for example, to pay a debt. Imagine if a court ordered...
long-running litigation between Tiffany & Co, and eBay, in which Tiffany
sought to hold eBay liable for counterfeit Tiffany goods sold on eBay's
Internet auction site appears finally to have come
to a close, not with a bang, but with a...
Red Sox fans - next time you ridicule the Yankees, you might
need to first apply for a trademark license to do so. And worst of all, you'll need to seek
that license from your subject of ridicule, the Yankees themselves.
The New York Yankees...
One of the common hurdles green brand
owners have to overcome to protect their brands is U.S. trademark
law's proscription against registration of marks that are "merely
descriptive" of the goods or services.
The rationale for...
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
A good example...
UPDATE : On Tuesday, January 10 th ,
Christian Louboutin filed its reply brief, arguing that:
district court erred in:
the red outsole mark, ignoring the statutory presumption of validity, and
ignoring the burden of...
by Donna Ray Berkelhammer
Trademarks are brand names or logos that identify the
producers of products or services in the marketplace, so that customers can
find what they are looking for.
You may prefer the taste of 7 Up soda to Sprite soda, and...
If you've never seen The
Godfather , then you won't know the
horse head scene. Basically, a character turns down a request from the Godfather,
Don Corleone (Marlon Brando), and, as punishment, finds the head of his racehorse
in his bed....
Need help drafting a trademark license agreement? Well, we’ve got what you are looking for courtesy of Computer Contracts, the leading publication on computer law issues. The trademark license agreement with analysis, FORM 3A.06, includes analysis...
On Monday, the National Academy of Recording Arts &
Sciences (The Academy) accused the Black Essence Grammy Awards (BEGA) of
trademark infringement. Despite The Academy's efforts and demands, BEGA formed as
a Michigan non-stock corporation...
On May 24 th , the Honorable Catherine D. Perry
issued an oral opinion denying S. Victor Whitmill a preliminary injunction in
his tattoo copyright suit against Warner Brothers and the Hangover II ( S. Victor
Whitmill vs. Warner Bros. Entertainment...
Over the past few years, CanadaFashionLaw has
followed a grassroots movement within the modelling community. Models are
taking it upon themselves to cohesively promote certain workplace
standards. In some instances, modelling groups have issued a Bill...
On May 14, in a
non-precedential opinion , the Trademark Trial and Appeal Board ("TTAB") in the
matter of PRL U.S.A. Holdings, Inc. v.
Thread Pit, Inc . cancelled Thread Pit's registration of the mark:
Thread Pit's mark for...
Red M&Ms, red Crayolas red Porsches - let's hope they
never end. But what about the famous red shoe battle between designers Christian
Louboutin and Yves Saint Laurent? You thought there was an end to that red
You might be...
By Jane Tucker
Ownership of architectural plans belongs to the creator of those plans, not
to the person whose house is being built from those plans, in the absence of an
agreement to the contrary.
For example, Homeowner #1 retains and pays...
According to Carter Bryant, it all started in 1999 when he sent a drawing of a concept doll to an agency for artists to see if anyone might have an interest in his idea. Fast forward nearly 10 years to the present. Bryant now earns more than $30 million...
How come The Hangover II can't keep its grubby mitts out of
IP law. Last year, the movie did a bit of copyright battle with Mike Tyson's tattoo artist . That makes a little sense; boxing,
tattoos and hangovers might fit into some sort of loose...
Wal-Mart probably didn’t put on a smiley face after the court’s March 20 th ruling in the Northern District of Georgia trademark case of Smith v. Wal-Mart, docket no. 1:06-cv-526 ( complaint courtesy of Public Citizen ). A good synopsis of...
today, Shakespeare would be a Dr. Pepper drinker. The prolific bard (the
general consensus being that he wrote 37 plays) would want a soft drink of
prolific taste (Dr. Pepper boasts 23 flavors). In light of Shakespeare's likely affinity...
ST. PAUL, Minn. - Determining that a jury award of $222,000 from almost five years ago was constitutional, an Eighth Circuit U.S. Court of Appeals panel on Sept. 11 reinstated the award in favor of a group of six plaintiff record labels against a Minnesota...
The story goes that Nike's "JUST DO IT" mark originated from
the 1977 execution of murderer, Gary Gilmore. Gilmore, who was executed by a Utah
firing squad, offered as his final words, "Let's do it."
As told in Jonah Lehrer's...
Complainants whose trademarks are composed of a design or a design-plus-words for which they have disclaimed the textural component have a particularly difficult burden in persuading the Panel that the domain name is identical or confusingly similar to...