Communications & Media Intellectual Property Civil Remedies

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Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of...more

Python Safety Files Trade Dress and Patent infringement Complaint Against Ty-Flot

On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more

The Supreme Court Resolves a Circuit Split Regarding Standing to Sue for False Advertising Under the Lanham Act

In Lexmark Int’l, Inc. v. Static Control Components, Inc. (March 25, 2014), the Supreme Court unanimously held that "to invoke the Lanham Act’s cause of action for false advertising, a plaintiff must plead (and ultimately...more

Third Circuit Nixes Presumption of Irreparable Harm in Comparative False Advertising Cases

Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act...more

Another Real Lulu: Anatomy of an Affidavit

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we...more

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more

Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more

How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive...

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments. In March 2014, American Bullion, Inc., which is in the...more

Duke, Hershey, and Winston: Who gets to trademark a famous name?

Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name...more

Garcia v. Google, Inc.

Garcia v. Google, Inc. - USCA, Ninth Circuit, July 11, 2014: Ninth Circuit amends earlier opinion in which it reversed district court’s denial of injunction requiring removal from YouTube.com of anti-Islamic video,...more

Flash in the Panama

Many of you may have heard recently that (in)famous dictator and all-around terrible (misunderstood?) person Manuel Noriega has sued Activision...more

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more

Anti-counterfeiting: protecting your brand – why it is important and how to do it

Intellectual property (“IP”) is often the DNA of a business. A brand can be integral to reputation, revenue streams and goodwill. However, protecting IP is becoming increasingly difficult, particularly with the proliferation...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

Recent SCOTUS Decisions in Intellectual Property Cases

The U.S. Supreme Court heard a landmark number of intellectual property cases during its 2013-2014 term. Below is a summary of recent decisions issued in 2014....more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the...more

Copyright Alert: ABC v. Aereo: What the Supreme Court Decided - And What It Did Not

On June 25, 2014, a 6-3 majority of the Supreme Court held that Aereo’s service that allows customers to view over-the-air TV broadcasts via the internet violated the public performance right under the Copyright Act. Applying...more

Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the...more

Take Note: Canada’s Notice and Notice Regime Is Coming into Force

In a statement dated June 17, 2014, the Canadian government announced the coming into force of Canada’s new Notice and Notice regime, included as part of The Copyright Modernization Act (which provides for the most recent...more

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

Boston Copyright Round Table on Policy, Creativity and Innovation

The Department of Commerce is holding a round table at Harvard Law School on June 25, 2014 to discuss the Internet Policy Task Force’s Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy,...more

Masterbuilt Raises Heat on Sportsman's Turkey Fryer and Electric Smoker Products

On May 6, 2014, Masterbuilt Manufacturing, Inc. (“Masterbuilt”), a Georgia corporation, filed a complaint in the Middle District of Georgia alleging trademark infringement, design and utility patent infringement, and...more

Court Found Case Frivolous For Five-Year Period, But $5.3M Attorney's Fee Request Will Be Trimmed - Touchtunes Music Corp. v....

Case Number: 1:07-cv-11450-RWS (Dkt. 291) - Judge Sweet unsealed [link to tab 9] his decision of April 3, 2014 [link to tab 10] granting counterclaim defendant TouchTunes' motion for fees and expenses, but said that...more

H&R Block Seeks to Enforce “Peace of Mind” Trademark Against Fast Cash Taxes, LLC

On March 28, 2014, HRB Innovations, Inc. (“HRBI”) of Las Vegas, Nevada, and HRB Tax Group, Inc. (“HRBTG”) of Kansas City, Missouri, filed a complaint against Fast Cash Taxes, LLC (“FCT”) of Doraville, Georgia and Gregory A....more

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