Rachel Rudensky

Rachel Rudensky

Akerman LLP

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Federal Circuit Shows No Peace & Love to the TTAB

This case arose from GS Enterprises, LLC’s (“GS”) opposition to the registration of Juice Generation, Inc.’s (“Juice Generation”) trademark. In finding a likelihood of confusion with GS’s marks, the Board below reasoned that...more

7/23/2015 - Design Patent DuPont Trademark Litigation Trademark Registration Trademark Trial and Appeal Board Trademarks

When Theft is not a Federal or State Crime

In the most recent ruling in a lengthy and procedurally complex criminal case, a New York trial court dismissed a computer programmer’s criminal conviction under New York’s Unlawful Use of Secret Scientific Material law for...more

7/13/2015 - Aleynikov Appeals Convictions Corporate Counsel Criminal Prosecution Dismissals Economic Espionage Act Foreign Commerce Goldman Sachs High Frequency Trading Source Code US v Aleynikov Young Lawyers

Protection of Identities Not Identical Under Lanham Act §§ 43(a) and 2(a)

In Tartell v. South Florida Sinus and Allergy Center, Inc., the Eleventh Circuit reversed the district court’s finding that the plaintiff’s personal name had acquired distinctiveness as a trademark and that the defendant...more

6/26/2015 - Inherently Distinctive Lanham Act Trademark Infringement Trademarks

Heinz Seeks “Smart” De Novo Review In Light Of B&B Hardware

H.J. Heinz Co. (“Heinz”) filed a federal lawsuit recently against Boulder Brands USA (“Boulder”) seeking to vacate and reverse a Trademark Trial and Appeal Board decision finding that Boulder’s SMART BALANCE trademark is not...more

6/3/2015 - B&B Hardware v Hargis Industries De Novo Standard of Review Heinz Issue Preclusion Likelihood of Confusion Trademark Trial and Appeal Board Trademarks

The House That Juice Built: TTAB Denies Registration To Parodies

On May 8, 2015, the Trademark Trial and Appeal Board (the “Board”) issued a resounding blow to trademark applicants who seek to register others’ trademarks as parodies. In New York Yankees Partnership v. IET Products and...more

5/13/2015 - Fair Use Lanham Act Parody Popular Trademark Trial and Appeal Board Trademarks

B&B Hardware: Sometimes, Not Always, Not Never

The Supreme Court issued its second trademark ruling of the term on Tuesday, ruling that federal court decisions on “likelihood of confusion” sometimes can be precluded by earlier rulings about trademark registrability issued...more

3/27/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

B&B Hardware: Sometimes, Not Always, Not Never

The Supreme Court issued its second trademark ruling of the term on Tuesday, ruling that federal court decisions on “likelihood of confusion” sometimes can be precluded by earlier rulings about trademark registrability issued...more

3/27/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Lucky Brand Not So Lucky

The Second Circuit ruled last week in favor of Plaintiff Marcel Fashion Group Inc. (“Marcel”), vacating the trial court’s grant of summary judgment in favor of Defendant Lucky Brand Dungarees, Inc. (“Lucky Brand”), which had...more

3/16/2015 - Fashion Branding Fashion Industry Lucky Brand Dungarees Res Judicata Retailers Trademark Infringement Trademark Litigation Trademarks Unfair Competition

Overclaiming in Trademark Applications: “Full Line of …”

In Ferring B.V. v. Fera Pharmaceuticals, LLC, the Eastern District of New York was called upon to determine the importance of the United States Patent and Trademark Office’s Trademark Manual of Examining Procedure (“TMEP”)...more

1/20/2015 - Applications False Statements Fraud Pharmaceutical Manufacturers Pleadings TMEP Trademark Infringement Trademarks USPTO

U.S. Supreme Court Allows Wily Gray-Market Imports

The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No....more

3/21/2013 - Copyright Exports First Sale Doctrine Grey Market Imports Kirtsaeng v. John Wiley & Sons SCOTUS

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