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Second Circuit Sides With Artist In Closely Watched Copyright Case But Questions Remain About "Fair Use"

A panel of three judges of the U.S. Court of Appeals for the Second Circuit has issued an opinion reversing a lower court's ruling that artist Robert Prince's artwork infringed photographer ...
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Charles W. Grimes & Jessica S. Rutherford To Speak On "Licensing Law For Beginners" At Licensing Expo 2013

Topics to be covered include key legal issues that impact licensing, from licensing agreements and copyright laws to agent agreements and intellectual property basics. This program is part of ...
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March Madness Brings Increased Licensing Revenues

Every year in March, more than sixty U.S. college basketball teams are selected to play in the NCAA Tournament, the championship of college basketball. For approximately three weeks, teams battle each ...
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"To Google" Or Not "To Google": The Battle Against Generic Trademark Usage

As reported by NBC News, Google, Inc. ("Google") recently objected to the inclusion of the term "ungoogleable" on a list of new words published by the Swedish Language Council. ...
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The Associated Press Prevails In Copyright Infringement Lawsuit Against International News Monitoring Service

In March, Judge Denise Cote of the U.S. District Court for the Southern District of New York granted summary judgment in favor of the Associated Press holding Meltwater liable for copyright ...
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Michael Patrick's Article On Practicing Intellectual Property Law Featured In American Bar Association's "GPSolo" Magazine

The March/April 2013 edition of the American Bar Association's (ABA) "GPSolo" Magazine features an article by Grimes & Battersby Partner Michael Patrick on practicing intellectual ...
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Nontraditional Trademarks: Can Flavors And Scents Be Protected?

In a recent decision issued by the Trademark Trial and Appeal Board ("TTAB" or "Board"), drug manufacturer Pohl-Boskamp GmbH & Co. ("Applicant") was rebuffed in its ...
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Ninth Circuit Court Of Appeals (AGAIN) Finds Video-Sharing Website Not Liable For Copyright Infringement Under DMCA's Safe Harbor Provision

A three judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled (again) last week that video-sharing website Veoh Networks, Inc. ("Veoh") is not liable for copyright ...
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Jury Awards Inventor $30.2 Million In Patent Infringement Dispute With Nintendo

On Wednesday (March 13) a federal jury in the Southern District of New York awarded the owners of the intellectual property rights of inventor Seijiro Tomita, Tomita Technologies USA, LLC and Tomita ...
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Macy's Battles Over Right To Sell Martha Stewart Branded Merchandise

As reported by The Wall Street Journal, Macy's is embroiled in litigation with Martha Stewart Omnimedia, Inc. ("Stewart") and J.C. Penney's ("Penney's") regarding the ...
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Another Win In The War Against Counterfeiters: Second Circuit Upholds Finding Of Willful Infringement Against Counterfeiter

We have blogged extensively about anti-counterfeiting strategies both inside and outside of court. In January, a three-judge panel of the Second Circuit Court of Appeals issued a summary order that ...
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What Is The Appropriate Level Of Trademark Enforcement?

As reported by Crain's New York Business, a recent seminar at Fordham University's Fashion Law Institute for New York Fashion Week focused on the infringement of fashion brands and logos and ...
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Congress Set To Take On "Patent Trolls"

U.S. Representatives Peter DeFazio (D-OR) and Jason Chaffetz (R-UT) have introduced a bill aimed at curbing costly lawsuits by so-called "patent trolls" (sometimes more politely called ...
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Update On "Superman" Cases: Copyright Grant To Warner Bros. Not Subject To Termination

In an October 2012 blog post here, we discussed seemingly conflicting decisions in two cases involving efforts to terminate copyright grants in the Superman property. As reported in The New York ...
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Former U.S. Congressman Files UDRP Complaint To Recover RONPAUL.COM and RONPAUL.ORG Domain Names

As reported by Fox News, Ron Paul ("Paul") has filed a Complaint with the World Intellectual Property Organization seeking transfer of the domain names RonPaul.com and RonPaul.org. Paul, a ...
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Gibson Guitar Corp. Sues Viacom Over Spongebob Squarepants "Flying V" Ukulele

The Gibson Guitar Corp. has been making exceptionally crafted guitars since 1894. One of its most popular electric models is the "Flying V," which was first introduced in 1958 and is ...
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The Evil Empire Strikes Back! The New York Yankees Embrace Evil Empire Trademark

The New York Yankees Partnership, owner of the New York Yankees baseball club, has successfully opposed registration of the trademark BASEBALLS EVIL EMPIRE by Evil Enterprises, Inc., an entity that ...
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Is "Timeline" Descriptive? Facebook Set To Go To Trial In Trademark Infringement Action Over Its Use Of "Timeline"

On September 22, 2011, at a time when the world's leading social-networking website boasted a reported 800 million users, Facebook announced a revolutionary new user interface, dubbed " ...
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NFL and U.S. Customs Announce Seizure Of Counterfeit Merchandise

As reported by ESPN.com, the National Football League ("NFL") recently announced that it had seized more than $13 million in counterfeit merchandise during the 2012 season through an ...
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Kraft Foods Sues Restaurant Chain Over Plan To Expand Use Of "Cracker Barrel" Trademark

Kraft Foods, LLC has been selling cheese under the "Cracker Barrel" trademark since 1954. Meanwhile, Cracker Barrel Old Country Store, Inc., founded in 1969, operates a national chain of 621 ...
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Follow-Up: Sony Reaches Agreement With Former Spokesperson In Trademark Infringement Lawsuit

Last year, we wrote about an interesting trademark infringement lawsuit filed by Sony Computer Entertainment America LLC ("Sony") over the appearance of its former spokesperson, Jerry ...
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Does Might Make Right? NFL Takes Hardline Stance On "Harbowl" And "Harbaugh Bowl" Trademarks

On February 3rd, the National Football League's championship game – the "Superbowl" – will be played in New Orleans, Louisiana. The game, between the San Francisco 49ers and ...
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East Carolina University Files A Lawsuit Against Cisco Systems Over Use Of the Slogan "Tomorrow Starts Here"

Earlier this month, East Carolina University (ECU) filed a lawsuit against Cisco Systems, Inc. claiming Cisco unlawfully and willfully used ECU's "TOMORROW STARTS HERE" trademark as the ...
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Trademark Registrations: A Tale Of Two Registers

When seeking to register a trademark, many people do not realize that the U.S. Patent and Trademark Office actually maintains two separate trademark registers: the Principal Register and the ...
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