Incontestable - February 2010 Issue


In this issue:

Civil Cases:

*JA Apparel Corp. v. Abboud, 2010 WL 103399 (S.D.N.Y. Jan. 12, 2010) by B. Brett Heavner

Southern District of New York holds that fashion designer Joseph Abboud’s assignment of trademarks did not grant plaintiff-assignee an exclusive right to all commercial use of his name...

*Great Clips, Inc. v. Hair Cuttery of Greater Boston, LLC,

93 USPQ2d 1263 (1st Cir. Jan. 5, 2010) by Marcus H.H. Luepke

First Circuit interprets settlement-agreement provision releasing parties from claims arising from “the application and registration” of their respective trademarks broadly to also apply to claims based on the “use” of those marks.

*Webadviso v. Bank of Am. Corp., 2009 WL 5177997 (S.D.N.Y. Dec. 31, 2009); 2010 WL 521117 (S.D.N.Y. Feb. 16, 2010) by David M. Kelly

Southern District of New York finds that plaintiff, who registered the domain names and on the day that defendant Bank of America’s acquisition of Merrill Lynch was announced....

*Nomination di Antonio e Paolo Gensini S.N.C. v. H.E.R. Accessories, Ltd., 2009 WL 4857605 (S.D.N.Y. Dec. 14, 2009)

by Kenneth H. Leichter

Southern District of New York refines the test for contributory infringement where defendants do not provide an ultimate product to the direct infringer.....

*World Wide Sales, Inc. v. Church & Dwight Co., 93 USPQ2d 1313 (N.D. Ill. Nov. 9, 2009) by Christie Baty Heinze

In granting summary judgment to defendant, Northern District of Illinois finds no likelihood of reverse confusion between defendant’s FRIDGE FRESH marks and plaintiff’s mark FOREVER FRESH FOR THE FRIDGE......

Finnegan Articles:

*Copyright Protection in the Furniture Industry by Lawrence R. Robins and Katherine L. Staba

*Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after Bose by Marcus H.H. Luepke, Linda K. McLeod, and Katherine L. Staba



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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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