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
In This Issue:
- The Innovative Design Protection Act: Bound for Success or Doomed to Fail?
- Strategic Licensing Considerations
- New Faces
- Points from the President
- Think Again Before Walking Away from...more
An illustrated outline of the various types of trademarks and trade dress and the rules applicable to their protectability requirements....more
Did the Supreme Court's trade dress decisions in Wal-Mart v. Samara Brothers and TrafFix Displays sound the death knell for product confiuration (product design) trade dress actions under the Lanham Act? A scorecard suggests...more
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo