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Lanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”

The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade dress for its CD-Gs...more

It’s in the Bag: True Parody Cannot Dilute Famous Mark

The US Court of Appeals for the Second Circuit upheld a grant of summary judgment that a canvas tote bag with a drawing of an iconic handbag printed on its side did not infringe or dilute the trademark of the iconic high-end...more

Absent Nexus, Radio Station Play and Intermediaries Are Insufficient to Prove Access **WEB ONLY**

Addressing the standard for proving “access” to a copyrighted work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment due to a lack of admissible evidence showing sufficient...more

Don’t Let Your Color Trade Dress Protection Fade Away

The US Court of Appeals for the 10th Circuit, in affirming a district court ruling, reaffirmed the availability of trade dress protection for colors, but reiterated that a plaintiff must show that its color trade dress is...more

Augmented Reality

If you haven’t heard about newest gaming craze yet, it’s based on what is called “augmented reality” (AR) and it could potentially impinge on your home life and workplace as such games allow users to “photograph” imaginary...more

Raise a Glass to the Single Dispositive DuPont Factor

The US Court of Appeals for the Federal Circuit upheld a decision by the Trademark Trial and Appeal Board (TTAB) reiterating its determination that a single DuPont factor, such as the dissimilarity of the marks, can be...more

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

What Do We Do Now that the World Didn’t End in 2012?

The countdown to the launch of the new generic top-level domains, or gTLDs, and the surrounding uncertainty about whether the potential commercial benefits will outweigh the perceived burdens, has begun. Is your company...more

2/8/2013  /  Domain Names , gTLD , Trademarks
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