Intellectual Property Attorney

Category: Litigation

Rihanna Comes Out On Top In Topshop Tank Top Dispute, intellectual property

The Rihanna case points out one of the significant differences between U.S. and U.K. law. Celebrities who wish to protect their valuable rights of publicity are well advised to consult with an intellectual property attorney who is familiar with the various laws and statutes governing rights of publicity and other intellectual property rights.

Active Trademark Enforcement Programs May Lead To Increased Licensing Revenues

Trademark owners have an affirmative duty to police the marketplace for infringement. Failure to do so may result in the existence of a plethora of similar trademarks for similar goods and services, which in turn would cause diminution in the strength of the owner’s trademark. In fact, should a trademark owner acquiesce to a large number of infringing uses, the owner may find that its trademark has become so commo

Another U.S. Court of Appeals Favors College Athletes’ Right of Publicity Over First Amendment Considerations

In the Ninth Circuit case, former Nebraska and Arizona State quarterback Sam Keller and other college athletes filed a lawsuit alleging violations of their right of publicity with regard to the video game “NCAA Football.” The right of publicity generally protects the person’s ability to control the commercial use of his or her identity or characteristics, including a person’s likeness and “persona.” The video game

Mastermind Of The “Madden NFL Football” Series of Video Games Scores $11 Million Dollar Victory Against Electronic Arts In Multi

On March 30, 2011, Robin Antonick sued the hugely successful video game publisher Electronic Arts, Inc.(often referred to simply as “EA”) alleging that EA breached a development agreement executed in 1986 that entitled Antonick to royalties from derivative versions of the Madden Football series of video games and that EA was liable for fraud for allegedly making false statements and misleading material omissions sole

Nike Seeks Dismissal Of Trademark Infringement Litigation Due To Naked Licensing

Fuel Clothing Company, Inc. v. Nike, Inc. demonstrates, trademark licensors should: (i) insist on written license agreements that set forth in detail their rights to inspect licensed products and approve of their quality prior to sale, (ii) actively participate in the regular inspection and approval of licensed products so they will be able to demonstrate actual control over quality if such control is challenged, an

Follow-Up: Court Grants Preliminary Injunction In “Cracker Barrel” Trademark Litigation

In February, we reported here on the lawsuit filed by Kraft Foods Group Brands LLC (“Kraft”) against Cracker Barrel Old Country Store, Inc. (“Cracker Barrel”) over the restaurant chain’s plans to sell packaged foods in grocery stores and other third-party food retailers. Kraft alleged that the planned brand expansion would infringe on its long-standing rights in the “Cracker Barrel” trademark for cheese.

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