In This Issue:
- CHINA AMENDS TRADEMARK LAW: PRACTICAL IMPLICATIONS FOR BRAND OWNERS
- SUPREME COURT CORNER
- A CASE FOR COUNTERFEIT TRADE DRESS
- MANAGING YOUR IP ACROSS BORDERS
Can a product which imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a “counterfeit” product under United States law? Owners of popular brands (like Louis Vuitton...more
Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s® (“B&J”) when it launched a “Ben & Cherry’s” film series. Even the less explicit titles in the series, such as BOSTON CREAM THIGH...more
Somewhere between a well-recognized website design like Google’s home page and a fledgling e-commerce venture built with free web building software lives most other websites. Depending on the investment in the development and...more
A trademark (one word) is the identity you give your products. A service mark (two words—don’t know why, just the way it is) is the identity you give your services.
Originally Published on I-Sight.com - October 15,...more
In Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc., 2013 U.S. App. LEXIS 18897 (6th Cir. Sept. 12, 2013), an industry veteran and a relative newcomer battled over the appearance of a rather specialized...more
The value of trade dress litigation is on the rise. While in the past the primary value of trade dress litigation rested in the ability of the plaintiff to enjoin competition (except possibly in cases of counterfeit goods),...more
In This Presentation:
•What is Intellectual Property?
•Making use of:
- Excerpt from What is Intellectual Property?
Like most holidays, the Fourth of July is inextricably linked with childhood memories, the smell of amazing food, time with family, and yes, even brands and trademarks. While logos and brand names for marshmallows and hot...more
I like Trader Joe’s. I like the atmosphere – not unlike the small-town grocery stores I knew growing up. I like the products – interesting choices and, at least, perceived quality. But I’m not sure I like their legal...more
In This Issue:
- In The ITC:
..The Public Interest Factors – NEWEST PATENT TROLL COUNTERMEASURE?
..ITC or District Court? Look at the Math
- The New gTLDs And The Trademark Clearinghouse: Four Tips...more
IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms...more
As anyone in the candy industry will attest, many factors go into the making of a hit product. First and foremost, it better taste good. Having a great slogan also helps, as will having a celebrity endorser like Bart...more
In this issue:
- Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection
- Employee Data Protection – What’s Down the Road?
- German Federal Supreme Court Decides Another...more
In This Issue:
- Supreme Court Affirms Dismissal Based on Nike's Broad Covenant Not to Sue
- Hershey Cannot Kiss SWISSKISS Chocolates Goodbye
- Luulemon's Design Mark is Rejected as Merely...more
Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business...more
A recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks. Although smaller or startup...more
Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a...more
The red hot dispute continues between Christian Louboutin and Yves Saint Laurent (“YSL”) over Louboutin’s red sole shoe trademark. On January 16, 2013, the U.S. Patent and Trademark Office rejected Louboutin’s request to...more
In This Issue:
• Bottle Design and Bottle Cap Design Are Both Entitled to Trademark Registration
• Disney Owns Winnie-the-Pooh Trademarks
• Apple Loses Claim Against Amazon for Use of Appstore
In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more
1. What is a trademark?
A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more
We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see below.
The recent craze for self-serve frozen yogurt shops – where you pay by...more
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more
It’s not every day that a small company stands up for itself against a multi-billion dollar company in court, and manages to obtain a large verdict in the process, but this is precisely the Cinderella story that played out in...more