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Trademark Review | March 2015

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

“March Madness”: Protect Your Business From The NCAA

The NCAA Tournament is here, and many local businesses will want to capitalize on this exciting time for basketball fans by using the well known “March Madness” slogan to advertise March specials. Think twice before your...more

Let’s Get Personal – Trademark Protection for Personal Names

What’s in a name? Well, a name can suggest a lot about an individual, including their ancestry and heritage. We identify ourselves by, and answer to, our given names. ...more

It’s a Complete Red Haring: Court Dismisses Wide Ranging Art-Authentication Lawsuit against Keith Haring Foundation

Art is no stranger to great controversy, although the arbiters of art world disputes are usually critics and artists rather than federal judges. Nevertheless, in early March, Judge Denise Cote of the Southern District of New...more

What you can learn about trademarks from sports celebrities

The world of sports seems to generate more than its share of words and phrases that catch the public’s attention. But these also show how branding — and formal trademark protection — can go awry. Every time a sports...more

…..and Don’t Even Think About Advertising a MARCH MADNESS Event Either!

It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.” Brackets are being completed, college jerseys are being pulled...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Sports, Media and Entertainment Intelligence - March 2015 (Global)

BROADCASTING - Italy: Back to the future - connected TVs need "connected regulations" - The Italian Communications Authority recently adopted resolutions concerning changes in the broadcasting landscape....more

Twenty Years Down the Road: A Q&A With Paul Goldstein, Author of Copyright’s Highway

More than two decades have passed since internationally recognized copyright law expert and award-winning novelist Professor Paul Goldstein of Stanford Law School (and Of Counsel to Morrison & Foerster) published his landmark...more

It’s Not All Rainbows and Butterflies: YouTube’s Beauty Guru Fights Back Against Ultra Records

Michelle Phan is a YouTube celebrity and beauty guru and has garnered over 7 million subscribers and one billion lifetime views. However, not everyone is a fan of Ms. Phan. On July 16, 2014, Ultra International Music...more

IP in the NFL: “I’m Just Here So I Won’t Get Fined,” or Are You?

Just last week, on February 18, 2015, Seattle Seahawks superstar running back Marshawn Lynch (“Lynch”), also known as Beast Mode, filed for a federal trademark with the United States Patent and Trademark Office (“USPTO”) for...more

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc. - USCA, Ninth Circuit, February 20, 2015

Following jury verdict on Lanham Act claim in favor of entity owned by Bob Marley’s children, Ninth Circuit affirms denial of defendants’ motion for judgment as matter of law, finding that trial evidence supported jury’s...more

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

Business Round-Up: Eponymous companies and use of the designer’s personal name: Mr. Alviero Martini vs. Alviero Martini S.p.A.

Alviero Martini recently decided to bring an appeal against the decision of the Court of Milan, in the proceedings brought against Alviero Martini S.p.A., which acquired the trademark “Alviero Martini Prima Classe”....more

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

ICANN News: 500+ New gTLDs Introduced to the Internet

A milestone has been reached in the Internet Corporation for Assigned Names and Numbers’ controversial and ambitious generic top-level domain program. On February 6, the Internet Corporation for Assigned Names and...more

Brandmarking - Volume 4 Number 1 - February 2015

Good News from Washington (For a Change): Trademark Filings Just Got Cheaper - The old joke is that the three least believable sentences in the English language are: "The check is in the mail," "Of course I’ll...more

Latele TV, C.A. v. Telemundo Communications Group, LLC - USDC, S.D. Florida, February 11, 2015

District court declines to decide substantial similarity issue at summary judgment stage, deferring to jury question of whether similarities between the parties’ telenovelas were numerous and significant enough to constitute...more

(Un)licensed to Ill: Three Common Sense Lessons Every Marketing Department Should Learn from Beastie Boys v. Monster Energy Co.

As reported by several media outlets in the last few weeks, the Beastie Boys are seeking nearly $2.4 million in attorneys’ fees from Monster Energy Co.—the maker of the eponymous Monster energy drinks—after Monster was found...more

YouTube Kills Viral Video for Being Too Popular, Six Year Old Sues

Sure, there are lots of viral YouTube videos.  There’s Katy Perry’s left shark, the owls dance off  and of course the kitten sup-purr bowl, but it might surprise you to learn that YouTube removed a video for being too...more

Celebrity Trademark Watch: Can Taylor Swift Shake Off Accusations of Trademark Greed?

Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one...more

Falling Foul of China's Trademark System

Fashion brand owners entering China are generally well aware of the myriad of brand protection challenges awaiting them. One such challenge is China’s rigid first-to-file trademark system which is blamed for the problem of...more

Sports, Media and Entertainment Intelligence - February 2015 (Global)

Australia: Courts not siding with cricket “pitchside” gambler - A British man banned from attending Cricket Australia matches for pitchsiding has indicated his intention to challenge the legality of the ban. ...more

Trademark use within an expressive work must only pass the Rogers test, not a likelihood of confusion analysis: Mil-Spec Monkey v....

The likelihood of confusion test is often called the “cornerstone” of trademark infringement law. It may be in many circumstances, but it does not apply to allegations of infringement within expressive works, as the recent...more

Australia: What is and is not a “royalty” for withholding tax purposes? Latest key court decision

By Jock McCormack, James Newnham, Matthew Cridland and Eddie Ahn Introduction The taxpayer, Seven Network Limited, has won a recent decision (22 December 2014) in the Australian Federal Court, Seven Network Limited v Federal...more

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