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Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...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

“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

"STOP THE ISLAMISATION OF AMERICA" Is Disparaging

In re Pamela Geller and Robert B. Spencer - The U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (TTAB) refusal to register the mark “STOP THE ISLAMISATION OF AMERICA” in...more

The Bifurcation Blues

In the last Letter from Europe, I looked at the potential financial impact a single judge could have on the economy. As I alluded to in my conclusion, the United Patents Court (UPC), a proposed common patent court open for...more

Hershey Is Not So Sweet on Maryland Senator’s HERSHEY Campaign Logo

When you think of The Hershey Company, you think of delicious chocolate candy bars, chocolate kisses, and a fabulous amusement park in Hershey, Pennsylvania. The company’s brown candy bar wrappers with the HERSHEY’S trademark...more

Copyrights, Fair Use And Elections

The mid-terms are coming up, so you know there will be stories of politicians getting into clashes with artists over the use of songs and other content in ads and at rallies. In Texas, for better or worse, the real...more

Pick Your Passion: State’s Trademark May Be Used To Criticize Its Governor

In Dardenne v. MoveOn.org, the Middle Louisiana Federal District Court faced a conflict between trademark protection, on the one hand, and the First Amendment’s protection of political advocacy, on the other. The Court...more

Highlights of Digital Millennium Copyright Act Congressional Hearings

On March 13, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings regarding the copyright infringement notice...more

EXCELLENT Political Ad Removed For Copyright Infringement

Illinois Governor Pat Quinn’s reelection campaign appears to be based on a simple message: “Do you want C. Montgomery Burns Representing You in Springfield?” Yes, he means that C. Montgomery Burns. Yesterday, Quinn began a...more

Back From The Dead? Senator Wants To Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

There are stirrings in the U.S. Senate of yet another bid to establish a federal right of civil action for trade secret misappropriation. Sen. Chris Coons (D-Del.) has quietly circulated a draft bill to IP lawyers and...more

Whitepaper roundup: Privacy, copyright, and digital advertising

Readers seem to have liked our post about the recent GAO report that summarized the U.S. data privacy debate. For those interested in Internet law and policy issues, there are plenty of other official reports that you can use...more

Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo

The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a...more

Capital Thinking: Technology and Communications

Senate Commerce Committee Holds Hearing On Patent Demand Letters - Last Thursday, November 7, the Senate Commerce, Science, and Transportation Committee held a hearing titled “Demand Letters and Consumer Protection:...more

Capital Thinking: Technology and Communications

Rep. Goodlatte Introduces Patent Litigation Reform Bill - Last Wednesday, October 23, House Judiciary Committee Chairman Bob Goodlatte (R-VA) introduced the Innovation Act (H.R. 3309), intended to curtail abusive...more

Capital Thinking: Technology and Communications

LEGISLATIVE ACTIVITY - FCC Nominations - The Senate Committee on Commerce, Science and Transportation is expected to hold a confirmation hearing on Republican Michael O’Reilly’s nomination to serve as a...more

United States Trade Representative Issues Rare Disapproval of U.S. International Trade Commission's Order Excluding Apple Products...

In a rare move, on August 3, 2013, the United States Trade Representative of the Executive Office of the President (USTR) issued a letter disapproving the United States International Trade Commission's (ITC's) determination...more

Intellectual Property Bulletin - Spring 2013: Surprising Appetite in Washington for New Federal IP Legislation

On March 16, 2013, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to U.S. patent law in half a century, and was hotly debated over nearly a...more

Instapundit: America's IP Laws Need to be "Pruned Back"  [Video]

May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more

Levick Weekly - March 29, 2013: 6 Ways To Survive The U.S. Congress

In This Issue: - Financial Regulators Compete; JPMorgan Loses - Six Ways to Survive the U.S. Congress - How to Protect Your Brand from a Twitter Hacking - Blogs Worth Following - LEVICK In the News -...more

Minnesota to Own “Trademark Bullies”

Minnesota is positioned once again to take legislative ownership of the ”trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can...more

The Fiscal Cliff, Not a Trademark-Worthy Catchphrase?

With the constant stream of news reporting about the impending “fiscal cliff,” how can there be no U.S. federal trademark filings containing those two terms, at the moment anyway?...more

Jackson Walker's VIA Media Postcard - November/December 2012

In This Issue: - Paul Watler's Perspective: One of the few places of refuge from the political campaign advertising onslaught was public television and radio. That may change depending on a little-noticed First Amendment...more

Republican Standing Committee’s Disappearing Copyright Brief Too “Awesome” for Publication

Last Friday, the Republican Standing Committee (“RSC”) published a report by twenty-four year old staffer Derek Khanna, a former Mitt Romney aide and graduate of Georgetown Law School, entitled: “Three Myths about Copyright...more

Intellectual Property and the Next President

After months of debates, worn out talking points, and a seemingly endless barrage of ads, election day is finally here! I’m hoping this post serves as a reminder to get out and vote today....more

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