Blog Posts in 2012
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Posted on Dec 20, 2012 By Jessica S. Rutherford
It may not be necessary to secure separate copyright protection in countries outside the United States for artwork that is created by a United States national/resident or first published in the United ...
Continue reading "You May Already Have International Copyright Protection In Your Artwork -- Offer Not Valid In Turkmenistan" »
Posted on Dec 19, 2012 By Russell D. Dize
As reported by Fox News, Martha Stewart, Emeril Lagasse and their companies, as well as the Home Shopping Network, have been sued for trademark counterfeiting in federal court in Florida by a German ...
Continue reading "Martha Stewart And Emeril Lagasse Sued Over Counterfeit Knives" »
Posted on Dec 18, 2012 By Michael R. Patrick
You might want to think twice the next time you tweet or post a picture using Instagram. The New York Times reports that popular photo-sharing service Instagram issued an updated privacy policy and ...
Continue reading "Instagram Claims Right To Commercially Exploit Uploaded Photos -- Time To Revisit The Right of Publicity" »
Posted on Dec 12, 2012 By Michael R. Patrick
In September, U.S. District Court Judge Colleen McMahon issued a decision that potentially exposes one of the most popular print-on-demand websites, CafePress.com, Inc. ("CafePress"), to ...
Continue reading "Court Ruling Exposes Print-On-Demand Services To Trademark Liability" »
Posted on Nov 28, 2012 By Michael R. Patrick
In April, we wrote about True Religion's eye-popping $864 million judgment against the proprietors of over 200 websites that had been selling counterfeit True Religion merchandise. Recently, ...
Continue reading "Luxury Manufacturer Coach Makes Big Splash With $257 Million Judgment -- Will It Make A Difference?" »
Posted on Nov 21, 2012 By Russell D. Dize
As reported by China Daily and the Asian News Network, a joint operation between China and the United States has resulted in the seizure of more than 20,000 counterfeit bags with fake LOUIS VUITTON, ...
Continue reading "China And United States Conduct Joint Operation To Shut Down Counterfeiting Of Brand-Name Bags" »
Posted on Nov 13, 2012 By Russell D. Dize
Earlier this year, we posted a blog regarding the trademark application filed by Beyonce and Jay-Z for BLUE IVY CARTER, the name of their newborn daughter, for a variety of goods and services. At the ...
Continue reading ""Blue Ivy Carter" Revisited: Was Beyonce And Jay-Z's Trademark Refused?" »
Posted on Nov 9, 2012 By Jessica S. Rutherford
Having a great product does not guarantee that it will fly off the shelves. Advertising and competitive pricing will only go so far to catch the eye of a consumer who has never tried your product ...
Continue reading "Want To Turn A Great Product Into A Top Seller? Consider Trademark Licensing" »
Posted on Nov 8, 2012 By Jessica S. Rutherford
After three long years of litigation, Rosetta Stone has withdrawn its trademark infringement claim against Google. Rosetta Stone had alleged that Google infringes on Rosetta Stone's trademarks by ...
Continue reading "Rosetta Stone And Google Reach A Settlement: Liability For Keyword Advertising Remains "Unsettled"" »
Posted on Nov 6, 2012 By Russell D. Dize
Recent news reports have suggested that Tim Tebow ("Tebow"), the backup quarterback of the New York Jets, has "trademarked" his famous pose in which he kneels on one knee, places ...
Continue reading "Has Tim Tebow Really Trademarked The Act of "Tebowing"?" »
Posted on Nov 2, 2012 By Michael R. Patrick
It seems like every magazine, website and blog features a "best " list these days but Village Voice Media Holding LLC ("Village Voice"), owners of a number of The Village Voice ...
Continue reading "Best (Or Worst) Of Trademark Infringement Cases? Village Voice Files For Injunction Over 'Best Of' Trademark" »
Posted on Oct 31, 2012 By Michael R. Patrick
Brands are increasingly utilizing recurring characters in commercial advertisements. Some examples include Progressive Insurance's "Flo" (Stephanie Courtney), Nationwide's ...
Continue reading "Sony Files Trademark Infringement Action After Bridgestone Airs Ad Using Sony's Former Spokesperson" »
Posted on Oct 26, 2012 By Jessica S. Rutherford
As discussed in Parts One Two Three and Four of the blog series on copyright termination rights under the Copyright Act, the provisions affording these rights are complicated. Only certain types of ...
Continue reading "Recent Ruling In "Superman" Cases Demonstrates Potential Pitfalls For Copyright Termination Seekers" »
Posted on Oct 25, 2012 By Russell D. Dize
As reported by The Huffington Post, the U.S. Patent and Trademark Office has rebuffed an attempt by Apple Inc. ("Apple") to register a music app icon logo featured prominently on its iPad ...
Continue reading "Apple Refused Registration Of Music App Icon Trademark" »
Posted on Oct 23, 2012 By Jessica S. Rutherford
In Parts One, Two and Three of this series of blogs, we introduced termination rights and discussed those rights provided under Sections 304(c) and (d) of the Copyright Act, including the reasoning ...
Continue reading "Termination Rights Under The Copyright Act: Part Four" »
Posted on Oct 18, 2012 By Jessica S. Rutherford
In Part One of this series of blogs, we introduced termination rights and discussed the right provided under Section 304(c) of the Copyright Act. Part Two of the series discussed the termination right ...
Continue reading "Termination Rights Under The Copyright Act: Part Three" »
Posted on Oct 16, 2012 By Jessica S. Rutherford
In Part One of this series of blogs, we introduced termination rights and discussed the right provided under Section 304(c) of the Copyright Act. This blog deals with a second opportunity to terminate ...
Continue reading "Termination Rights Under The Copyright Act: Part Two" »
Posted on Oct 12, 2012 By Russell D. Dize
As reported by the Boston Globe on Boston.com, Dunkin Donuts has filed an application to register "BEST COFFEE IN AMERICA" as a trademark for "restaurant services." One may wonder ...
Continue reading "Dunkin Donuts Seeks To Register "BEST COFFEE IN AMERICA" Trademark" »
Posted on Oct 11, 2012 By Russell D. Dize
As reported by Reuters, Apple Inc. brought a trademark infringement lawsuit last year challenging Amazon.com Inc.'s right to use the name "Appstore." Apple alleges that Amazon's use ...
Continue reading "Amazon And Apple Continue Battle Over The Term "App Store"" »
Posted on Oct 9, 2012 By Jessica S. Rutherford
Copyright owners and their heirs should keep in mind certain little-known provisions in the Copyright Act that may enable them to capitalize on their (or their relatives') intellectual property ...
Continue reading "Termination Rights Under The Copyright Act: Part One" »
Posted on Oct 4, 2012 By Michael R. Patrick
While Madonna is enjoying yet another hugely successful worldwide tour -- Billboard Magazine claims it is on track to be "among the biggest not only for 2012, but also one of the top tours of all ...
Continue reading "Madonna's Use of Marlon Brando's Likeness Spawns Lawsuit" »
Posted on Oct 2, 2012 By Russell D. Dize
As reported by the Washington Post, Apple Inc. has been challenged over the design of a clock "app" for iPad. The clock "app" was added to iOS 6, a new version of the software that ...
Continue reading "Apple Challenged Over Alleged Use Of Swiss Railway Clock Design" »
Posted on Sep 7, 2012 By Michael R. Patrick
It's deja vu all over again for Pro-Football, Inc., owner of the National Football League's Washington Redskins. For the second time in two decades, a group of Native Americans is pursuing a ...
Continue reading "The Washington Redskins Are On the Defensive Over REDSKINS Trademark -- Again" »
Posted on Sep 7, 2012 By Michael R. Patrick
In a case that has garnered considerable media attention since its inception, luxury designer Christian Louboutin scored a key legal victory on September 5, 2012, when a three-judge panel of the U.S. ...
Continue reading "Luxury Designer Louboutin Wins Right To Protect The Color Red -- But Only Sometimes" »
Posted on Aug 22, 2012 By Brenda M. Grimes
Two of the biggest technology companies are at wits end with one another in a large intellectual property lawsuit. Last year, Apple initiated proceedings against Samsung for stealing their ideas for ...
Continue reading "Intellectual Property Battle: Apple vs. Samsung" »
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