Dilution

News & Analysis as of

Second Circuit Holds Manufacture and Sale of Counterfeit Goods Not an Advertising Injury

In its recent decision in United States Fidelity & Guarantee Co. v. Fendi Adele S.R.L., 2016 U.S. App. LEXIS 8973 (2d Cir. May 17, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had...more

Is It a Clean Fight?

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand. The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to...more

ELLE Fails to Un-ring Bell, DJ Action Sticks

Question for the day, how common is the given name Elle? I’m really not sure, I don’t believe I’ve ever personally known anyone with that name, and Mongabay doesn’t even include Elle in its listing of girl’s first names, but...more

Celebrity Trademark Watch: Beyoncé Sues Feyoncé and Fame is the Name of the Game

Beyoncé Giselle Knowles-Carter, known to most as simply Beyoncé, and as “Bey” to those who like to pretend they know her, is about as famous as one can be. She transitioned from the acclaimed group “Destiny’s Child” to...more

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

Authorizing, Issuing and Diluting Shares

This is a short post to help explain how many shares of stock your company needs to have available to issue, limitations and requirements related to issuance (I’m also using the word “issue” instead of “sell” – if we say...more

Rolls-Royce & the Rapper: Social Media Activity Helps Decide a Trademark Tussle

We recently wrote about a musician who got into some trouble with a court by using social media to flaunt images of hundred dollar bills after he had filed for bankruptcy. Now, an Atlanta-based rapper known as Rolls Royce...more

Court Of Chancery Explains When A Minority Stockholder May Have Actual Control Over A Deal

This is another in a series of decisions dealing with the allegation that a minority stockholder controlled a deal through its control of a majority of the board of directors....more

Kylie v. Kylie

Kylie Minogue has filed an opposition to Kylie Jenner’s attempt to register the KYLIE mark in connection with “Advertising services, namely, promoting the brands, goods and services of others; endorsement services, namely,...more

Trademark Review | February 2016

The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

Trademark Wars: Fox’s “Empire” Strikes Back

In another episode involving the First Amendment and the Lanham Act, Twentieth Century Fox’s “Empire” notched a win for the First Amendment. In Twentieth Century Fox Television, et al. v. Empire Distribution Inc. the United...more

TSX and TSXV join regulators in accommodating rights offerings

The rights offering exemption has historically been an underutilized means of raising capital for public issuers. This exemption from the requirement to file a prospectus allows issuers a method of financing whereby existing...more

Minnesota Court of Appeals Articulates Test for Direct Shareholder Claims in In re Medtronic, Inc. Shareholder Litigation

On January 25, 2016, the Minnesota Court of Appeals decided In re Medtronic, Inc. Shareholder Litigation, holding that a shareholder’s claim is properly characterized as a direct claim, not a derivative claim, even where all...more

Louis Vuitton and My Other Bag – Do You Get The Joke?

In a recent post, we discussed the trademark parody defense in the context of a California district court decision holding that the owner of the Superman “S” logo had adequately stated infringement claims asserted against a...more

Pinterest fails to pin Pintrips on trademark infringement and dilution claims | World Trademark Review

In Pinterest Inc v Pintrips Inc (No 13-CV-04608-HSG, October 21 2015), the US District Court for the Northern District of California has held that the PINTRIPS and PIN marks used by Pintrips did not infringe or dilute...more

Corporate Alert: Reverse Takeovers Consultation Paper: ASX Should Not Increase Regulation

The Australian Securities Exchange (ASX) has issued a Consultation Paper on whether reverse scrip takeover bids should require a vote by the bidder's shareholders. The answer is that a vote should only be required if the...more

Trademark Review | November 2015

I AM Similar - The Trademark Trial and Appeal Board (TTAB) affirmed the examiner’s decision to deny three applications for “I AM” marks filed by i.am.symbolic, LLC (“Applicant”), finding that Applicant’s proposed “I AM”...more

Caspian Select Credit Master Fund Ltd. v. Gohl, C.A. No. 10244-VCN (Del. Ch. Sept. 28, 2015) (Noble, V.C.)

In this memorandum opinion, the Court of Chancery granted in part and denied in part a motion to dismiss direct and derivative claims against the company’s board and controlling stockholders for breaches of fiduciary duty...more

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

Fifty-eight Problems and Trademarks Are Just One: Beyoncé, Jay Z, Kanye, Pharrell and Rihanna Sue Fashion Retailer

It’s become a hard-knock life for ElevenParis, a French fashion retailer with stores in the U.S. After selling t-shirts and other merchandise with these not-so-subtle designs...more

New Rules for Rights Offerings Could be a Game Changer

The Canadian Securities Administrators (the CSA) have announced amendments to the rules governing rights offerings in Canada. The amendments are intended to streamline the conduct of prospectus-exempt rights offerings, and...more

Court Of Chancery Explains When A Dilution Claim Is Direct

It is often said that when a majority stockholder issues more stock to himself at an unfair price that is a direct claim and not derivative. But as this decision points out, that is a little too simplistic....more

Marshmallow Justice: 10 Tales of Legal Fluff and Other Stuff

Just about one hundred years ago, Archibald Query of Somerville, Massachusetts invented the first commercial marshmallow cream, which he pedaled door-to-door in Union Square. Around 1917, he sold the recipe for $500 to two...more

Tesla Announces Stock Sale To Expand Business

Most of our Kentucky readers have probably heard of Tesla Motors, the auto manufacture which produces electric vehicles and sells them directly to consumers rather than going through a dealer. At present, there are only...more

Wanted: Brand Deputies at the MN State Fair

The Minnesota State Fair continues to provide endless blog fodder for those who care about intellectual property. Last week, we wrote about a State Fair vendor concerned about its claimed, but unarticulated “intellectual...more

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