It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry...
..Design patents should always be considered for timeless and iconic pieces or...more
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more
2/11/2017
/ Appeals ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Damages ,
Design Patent ,
Fashion Industry ,
Patent Infringement ,
Patents ,
SCOTUS ,
Smartphones
On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more
2/10/2017
/ Appeals ,
Disparagement ,
Fashion Industry ,
First Amendment ,
Free Speech ,
Lanham Act ,
Lee v Tam ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more
In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more
1. Ownership of marks -
Who may apply?
An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United...more
Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more
10/21/2015
/ Advertising ,
Celebrity Endorsements ,
Copyright ,
Copyright Infringement ,
Facebook ,
Fair Use ,
Intellectual Property Protection ,
Name and Likeness ,
Patents ,
Personal Brands ,
Right of Publicity ,
Social Media ,
Social Media Policy ,
Terms of Use ,
Trade Secrets ,
Trademarks ,
Twitter
CUBA -
Six months have passed since President Obama and Cuban President Raul Castro made the historic decision to reestablish diplomatic relations between the U.S. and Cuba. Although Congress has not yet voted to lift...more
6/20/2015
/ Cuba ,
Design Patent ,
Embargo ,
First-to-File ,
France ,
Intellectual Property Protection ,
International Trademark Protection ,
Patents ,
Trademark Application ,
Trademark Registration ,
Trademarks