LexisNexis® Legal Newsroom
Roadmap for Intellectual Property Protection in China -- Trademark Protection in China

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. These Roadmaps for IP Protection are available...

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)

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.

Trademark Owners: USPTO Promulgates Request for Comments on “Bullying” Trademark Litigation Tactics

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. The USPTO promulgated this request as part of a...

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)

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 trademark rights and legal abandonment. The court...

High Court Declines To Hear Tiffany’s Trademark Infringement Case Against Ebay

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 [NJ] Inc., et al. v. eBay Inc. , No. 10-300, U.S....

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 11 - 15

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.com are non-infringing uses of the LEXUS mark...

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 6 - 10

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 brand logos, fashion design has primarily been...

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 1 - 5

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 years the U.S. has lagged behind and failed to provide...

Ninth Circuit Provides Important Guidance for Analyzing Internet Keyword Trademark Infringement

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. The court's opinion in Network Automation...

ICANN Makes Hundreds of New gTLDs Available as of 2012

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 Numbers (ICANN) has just approved a plan to significantly...

Descriptive Trademarks Can Be Difficult to Enforce, Discovers Timelines, Inc.

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, " Timeline ." On Sept. 22, 2011, Facebook...

Who Owns #Hashtags?

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 is a question of whether Twitter hashtags are anybody's...

It's a Bird, It's a Plane: Superman Claims Victory in the Federal Court of Australia

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 Justice Dodds-Streeton in Fry Consulting v Sports...