Susan Neuberger Weller

Susan Neuberger Weller

Mintz Levin


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More About Trademark Surnames: The Borghese Dispute

Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname. The Borgheses hail from an Italian noble family and their using the family...more

6/18/2013

Louboutin Sees Red Again: Protecting Color as a Trademark

Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and John and Jane Does for trademark counterfeiting and infringement and other...more

6/12/2013 - Christian Louboutin Counterfeiting Fashion Design Fashion Industry Infringement Red Sole Shoes Trademarks

Why Can’t I Use My Own Name?: Trademarks and Surnames

There are many “myths” that float about in the general public about what can and cannot function as a trademark. For example, people often tell me that they “know” that “common words” can never be protected as trademarks....more

6/6/2013 - Surnames Trademarks

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

5/22/2013 - Infringement Injunctions Laches Trademarks

The Issues of Trademark Infringement and Dilution Go “Wild”

Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963. The Emmy Award-winning show’s first run ended in 1986, and the show went into production again...more

5/20/2013 - Dilution Infringement Television Shows Trade Names Trademarks

The New Generic Top-Level Domains and the New Trademark Clearinghouse: Deciding Whether to Register Your Brands

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains...more

5/17/2013 - Domain Names Generic gTLD ICANN Trademark Clearinghouse

Are Dr. Dre’s Claims of Likelihood of Confusion and Dilution Enough to “Beat” His Opponents?

Rapper Dr. Dre and the company he co-founded, Beats Electronics, LLC, are on the offensive at the US Trademark Trial and Appeal Board challenging a multitude of third-party applications for marks which consist of or contain...more

3/13/2013 - Beats Electronics Celebrities Dilution Dr. Dre Likelihood of Confusion Trademark Trial and Appeal Board Trademarks

David Can Beat Goliath in the Trademark World… Just Ask Mixed Chicks!

On November 2, 2012, a federal jury in the Central District of California awarded Mixed Chicks LLC, a beauty supply company for mixed-race women, www.mixedchicks.net, $839,535 in actual damages and $7,275,000 in punitive...more

12/10/2012 - Willful Infringement

How Do You or Don’t You State a Case for A Declaratory Judgment in a Trademark Dispute?

Ever since the US Supreme Court in MedImmune, Inc. v. Genetech, Inc., 549 U.S. 118, 127 S, Ct, 764, 166 L. Ed.604 (2007) threw out the “reasonable apprehension” test as defining the grounds for bringing a declaratory judgment...more

12/6/2012 - Declaratory Judgments Trademarks

Some Companies Must Do More To Protect Brand Identity By Susan Neuberger Weller

Originally published in Law360 on December 03, 2012. Every business has a name. An LLC and a corporation have names that have been approved and registered by, at least, one secretary of state’s office. For many...more

12/5/2012 - Trademarks

Lululemon and Calvin Klein Settle Yoga Pants Design Litigation

As we reported previously, Lululemon, an exercise apparel company, filed suit against Calvin Klein and its supplier G-III Apparel Group for infringement of three Lululemon design patents for yoga pants....more

11/27/2012 - Design Patent

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