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Entries tagged: intellectual property

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Second Circuit Holds that Appropriation Art Constitutes Fair Use

Posted: May 29th, 2013

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In a recent decision, Cariou v. Prince1, the Second Circuit held that 25 works of appropriation art that incorporated original […]

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License is Required for Playing Music in Public Establishments

Posted: April 23rd, 2013

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Business owners should be advised that a license is required for any public performance of music. Some owners are unknowingly […]

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Copyright Claim Dismissed for Lack of Specificity

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 […]

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Fight Over Chocolate Kisses Trademark

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 […]

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Covenant Not to Sue Forestalls Trademark Invalidity Claim

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 […]

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Standard to Obtain TROs in Trademark Infringement Claims Get Tough

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 […]

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

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 […]

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

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 […]

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Trademark Expo and Education Event Returning to the USPTO

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 […]

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