Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of...more
What is a trade dress? Is this a new fashion trend that Miley Cyrus or Rihanna started?
Not exactly. Trade dress law is a subset of trademark law that originally included only the packaging or “dressing” of a...more
A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more
Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more
Earlier this week, the Fourth Circuit reversed the dismissal of a Lanham Act claim for trade dress infringement involving a pixel pattern embossed on an absorbent textile-like product used in medical supplies, hygiene...more
I know what you’re thinking. It’s about time that we Duets Bloggers shared our war stories on our past lives in seedy bars, taking on any unfortunate soul who might say the wrong thing at the wrong time, or just generally...more
Trademark protection is very important in the fashion industry. The ability to protect certain logos and design features may determine the success of a fashion designer’s business. Thus, it is crucial to understand how to...more
On April 1, 2014, Select Management Resources, LLC of Alpharetta, Georgia (“Select”) filed a complaint against Title Credit Acceptance, LLC of Duluth, Georgia (“Title”) alleging state and federal trademark and trade dress...more
Case Number: 1:11-cv-04530 (Dkt. 121) -
Judge Forest found a design patent covering fuzzy slippers to be anticipated and not infringed at summary judgment. The court had previously found the claims obvious, but the...more
On January 10, 2014 Ganz USA LLC (“Ganz”) of Marietta, Georgia and Noelle LLC (“Noelle”) of Cannon Falls, Minnesota (collectively, "plaintiffs") filed a complaint against Transpac Imports, Inc. (“Transpac”) of Vacaville,...more
The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more
Genericide kills trademark rights. It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring....more
The U.S. Court of Appeals for the District of Columbia Circuit affirmed the vacatur of final default judgment against the Islamic Republic of Iran (Iran) for alleged trade-dress infringement. The unanimous panel agreed with...more
Apple Awarded Permanent Injunction -
In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial...more
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
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