What Do We Do Now that the World Didn’t End in 2012?
The countdown to the launch of the new generic top-level domains, or gTLDs, and the surrounding uncertainty about whether the potential commercial benefits will outweigh the perceived burdens, has...
View ArticleThirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if...
Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence...
View ArticleRaise a Glass to the Single Dispositive DuPont Factor
The US Court of Appeals for the Federal Circuit upheld a decision by the Trademark Trial and Appeal Board (TTAB) reiterating its determination that a single DuPont factor, such as the dissimilarity of...
View ArticleAugmented Reality
If you haven’t heard about newest gaming craze yet, it’s based on what is called “augmented reality” (AR) and it could potentially impinge on your home life and workplace as such games allow users to...
View ArticleDon’t Let Your Color Trade Dress Protection Fade Away
The US Court of Appeals for the 10th Circuit, in affirming a district court ruling, reaffirmed the availability of trade dress protection for colors, but reiterated that a plaintiff must show that its...
View ArticleAbsent Nexus, Radio Station Play and Intermediaries Are Insufficient to Prove...
Addressing the standard for proving “access” to a copyrighted work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment due to a lack of admissible...
View ArticleIt’s in the Bag: True Parody Cannot Dilute Famous Mark
The US Court of Appeals for the Second Circuit upheld a grant of summary judgment that a canvas tote bag with a drawing of an iconic handbag printed on its side did not infringe or dilute the trademark...
View ArticleLanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”
The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade...
View ArticleAbsent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims
In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright...
View ArticleWhat Do We Do Now that the World Didn’t End in 2012?
The countdown to the launch of the new generic top-level domains, or gTLDs, and the surrounding uncertainty about whether the potential commercial benefits will outweigh the perceived burdens, has...
View ArticleThirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if...
Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence...
View ArticleRaise a Glass to the Single Dispositive DuPont Factor
The US Court of Appeals for the Federal Circuit upheld a decision by the Trademark Trial and Appeal Board (TTAB) reiterating its determination that a single DuPont factor, such as the dissimilarity of...
View ArticleAugmented Reality
If you haven’t heard about newest gaming craze yet, it’s based on what is called “augmented reality” (AR) and it could potentially impinge on your home life and workplace as such games allow users to...
View ArticleDon’t Let Your Color Trade Dress Protection Fade Away
The US Court of Appeals for the 10th Circuit, in affirming a district court ruling, reaffirmed the availability of trade dress protection for colors, but reiterated that a plaintiff must show that its...
View ArticleAbsent Nexus, Radio Station Play and Intermediaries Are Insufficient to Prove...
Addressing the standard for proving “access” to a copyrighted work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment due to a lack of admissible...
View ArticleIt’s in the Bag: True Parody Cannot Dilute Famous Mark
The US Court of Appeals for the Second Circuit upheld a grant of summary judgment that a canvas tote bag with a drawing of an iconic handbag printed on its side did not infringe or dilute the trademark...
View ArticleLanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”
The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade...
View ArticleAbsent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims
In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright...
View ArticleCalifornia Court Unfriends Rapper’s ROP Claims
The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s...
View Article
