Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more
3/27/2017
/ Consent Order ,
Design Patent ,
Dilution ,
False Designation of Origin ,
Fashion Design ,
Fashion Industry ,
Inherently Distinctive ,
International Trade Commission (ITC) ,
Lanham Act ,
Permanent Injunctions ,
Secondary Meaning ,
Service Marks ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more
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
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