Entries tagged: intellectual property

Copyright Claim Dismissed for Lack of Specificity

By: Eryn Truong, Esq.

Posted: March 18th, 2013

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A recent decision from the Southern District of New York demonstrates the importance of pleading sufficient factual allegations in a copyright infringement case. In Kane LLC v. Scholastic Corp., Case No. 12-cv-3890, 2013 WL 709276 (S.D.N.Y. Feb. 27, 2013), the Court dismissed plaintiff’s copyright claim because it did not specify which works were at issue, […]

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Fight Over Chocolate Kisses Trademark

By: Eryn Truong, Esq.

Posted: February 18th, 2013

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As demonstrated by a recent lawsuit filed by a carpet manufacturer against chocolate-giant Hershey, one has to ask how far large companies are going to go in attempt to stretch their trademark rights. What these companies want is a monopoly over their marks in every good and service. However, trademark rights are limited in scope. […]

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Covenant Not to Sue Forestalls Trademark Invalidity Claim

By: Eryn Truong, Esq.

Posted: January 21st, 2013

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On January 9, 2013, the U.S. Supreme Court in Already, LLC v. Nike, Inc. unanimously ruled that Already could not dispute the validity of one of Nike’s trademarks after Nike agreed not to sue the company for infringement. Nike sued Already, a designer and marketer of athletic footwear, for trademark infringement and Already counterclaimed to […]

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Standard to Obtain TROs in Trademark Infringement Claims Get Tough

By: Eryn Truong, Esq.

Posted: December 17th, 2012

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As everyone shops for toys this holiday season, many have encountered counterfeits that are strikingly similar at first glance, but with their low price point compared to the actual licensed product, these counterfeits have lured away or even deceived consumers. In response, toy developers and manufacturers who obtained federal trademark and copyright registrations commenced actions […]

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Claim for Breach of Implied Contract Not Preempted by Federal Copyright Act

By: Eryn Truong, Esq.

Posted: November 20th, 2012

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In an important decision for the entertainment industry, the Second Circuit held that a claim under state law for breach of implied contract, including a promise to pay, is not preempted by the Federal Copyright Act. In 2010, a suit was brought by Forest Park Pictures against Universal Television Network, Inc. (the television production arm […]

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Red Soles of Designer Footwear Can be Trademarked in the Fashion Industry

By: Eryn Truong, Esq.

Posted: October 23rd, 2012

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In a decision that is captivating the fashion industry, the Second Circuit held that a single color can serve as a legally protected trademark. Specifically, the color red used on the sole of luxury shoe designer Christian Loubotin’s shoes is protectable as a trademark. Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., 11-3303-cv (2d […]

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Trademark Expo and Education Event Returning to the USPTO

By: Eryn Truong, Esq.

Posted: September 20th, 2012

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The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will once again host its annual National Trademark Expo on Friday, October 19th, from 10:00 am to 5:00 pm and Saturday, October 20, 2012, from 10:00 am to 4:00 pm. at the USPTO’s headquarters in Alexandria, VA. This event advances the agency’s mission […]

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What the New gTLDs mean for Trademark Owners

By: Eryn Truong, Esq.

Posted: August 29th, 2012

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What is a gTLD? gTLDs are generic top-level domains similar to .com, .net or .org. The current system has 24 gTLDs. Soon, we will be seeing new gTLDs, such as .ART, .NEWS, .STORE, in the largest-ever expansion of the Internet’s naming system. The Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit organization that […]

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Keyword Infringement Litigation Heats Up

By: Eryn Truong, Esq.

Posted: July 24th, 2012

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Google’s AdWords is a powerful advertising platform. But what happens when a competitor bids on your trademark, or slips your mark and brand name into its website’s metatags in order to lure away a potential customer searching for your business? Not surprisingly, companies who lost the placement wars weren’t too happy and commenced trademark infringement […]

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