Mintz Levin - Copyright & Trademark Matters

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  • 617-348-1601
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Pom Wonderful and Coke in a Juicy Battle at the U.S. Supreme Court

On Monday April 21, Pom Wonderful LLC, the maker of a line of POM WONDERFUL® pomegranate juice products, www.pomwonderful.com, and The Coca-Cola Company, which sells MINUTE MAID® juice products, www.minutemaid.com, battled it…more
| Administrative Law, Civil Procedure, Communications & Media Law, Consumer Protection, Intellectual Property

Houston, We Have a Problem: City Petitions the US Supreme Court to Register Its Official Seal as a Trademark

The City of Houston, Texas has filed a Petition For Writ Of Certiorari with the Supreme Court of the United States asking the Court to interpret Section 2(b) of the Lanham Act to determine whether it prohibits a government…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Can an Emoticon be Protected as a Trademark?

Gap Inc. and Diane Von Furstenberg’s company DVF Studio have asked the federal court in the Southern District of New York to rule on whether the heart emoticon <3 can be protected as a trademark. Their declaratory judgment…more
| Communications & Media Law, Intellectual Property

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 lawsuit…more
| Communications & Media Law, Elections & Politics, Intellectual Property

Willful Infringement of Copyright in Haitian Earthquake Photographs Cost AFP and Getty $1.2 Million

A federal jury in New York has found Agence France-Presse and Getty Images Inc. willful in their infringement of Daniel Morel’s copyrights in eight photographs of the 2010 Haiti earthquake, and ordered them to pay damages of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at the…more
| Intellectual Property

More EPO Rule Reversals: Additional Searches Available During European Regional Phase

The EPO has announced rule changes that will provide applicants with the option to have additional searches carried out during the European regional phase of Euro-PCT applications…more
| Intellectual Property, International Law & Trade

Court Narrows Claims Surrounding “HAPPY BIRTHDAY TO YOU” Copyright Suit

Following up on a previous post regarding the lawsuit winding its way through federal court seeking clarity on whether the music publisher Warner Chappell owns or has the exclusive right to license the copyright in the…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

TTAB Refuses to Register “The Slants,” Finding it to be “Disparaging”

Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS professional…more
| Intellectual Property

EPO Changes Rules for Filing Divisional Applications

The EPO’s Administrative Council has decided to reverse the changes made in 2010 to the rules for filing divisional applications. These changes introduced a 24-month time limit within which divisional applications had to be…more
| Civil Procedure, Intellectual Property, International Law & Trade

Software and Business Methods — Patentable Subject-Matter in Europe?

The CLS Bank case (CLS Bank Int’l v. Alice Corp. Pty. Ltd., 2011-1301) decision issued by the Court of Appeals for the Federal Circuit highlighted the difficulty that those working in the field of software patents in the US are…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Oops! Assignment Of Intent-To-Use Trademark Applications: Easy But Not Simple

The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications. In a recently issued precedential opinion, the Trademark Trial and Appeal Board has held, once again, that Section…more
| Intellectual Property

Google, Yahoo, and Ad Networks Agrees to Set of Best Practices to Combat Online Piracy

The United States Intellectual Property Enforcement Coordinator Victoria Espinel recently blogged about a new effort to combat online piracy of intellectual property. The broad-based effort attempts to leverage the…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

How to Harness Speedy Services from the UK IPO to Improve Your Patenting Strategy

Since 16 March 2013 the America Invents Act (AIA) has expanded what constitutes prior art. The run-up to this law change date saw a spike in new patent applications filed with the United States Patent and Trademark Office…more
| Intellectual Property, International Law & Trade

The Latest Keyword Advertising Battle: The 10th Circuit Finds No Infringement Based on Use of Another’s Trademark to Generate Sponsored Advertisements

Over the past few years, numerous trademark infringement suits have been filed over keyword advertising. Last month, the 10th Circuit weighed in on this subject, issuing a decision with broad implications. In 1-800 Contacts,…more
| Communications & Media Law, Intellectual Property
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
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Other U.S. Locations
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  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
  • United Kingdom
Number of Attorneys

50-100 Attorneys

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