Trademark & Copyright

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An Update: The Cost Of An Illegal Download

September 20, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

As you may recall, we asked the question in a recent blog post “Are You Willing to Pay $22,500 to Download A Song? " Well, we now ask "Are you willing to pay $9250 to download a song?" 
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S. 3523: Louboutin, Lululemon, and Fashion Design: Finally Getting Some Respect?

September 20, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

A few weeks ago, the Second Circuit's ruling in the Louboutin decision made clear that color as a trademark can be protected in the fashion industry.  Recently, Lululemon has sued Calvin Klein for design patent infringement over the design of yoga pants.
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Further to the “Copying from the Internet” Issue…..

September 18, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

In our August 14th blog, we explained why just because you can copy something from the Internet, doesn’t mean you should copy from the Internet. A case on this very issue that has been around for several years involved the well-known “Hope” poster of President Obama’s face made during the 2008 campaign.
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When Can You Claim A Color As Your Trademark?

September 13, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

In its recent decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., the Second Circuit held there was no "per se rule that would deny protection for use of a single color as a trademark in a particular industrial context."
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Louboutin Wins Round Two Against Yves Saint Laurent in Fight Over Red Soles

September 12, 2012 | Blog | By Joseph DiCioccio

The Second Circuit recently issued an opinion in the Louboutin v. Yves Saint Laurent trademark case. To refresh your memory, Louboutin, the high-end women’s shoe designer, had secured a U.S. trademark registration for the color red as used on the outsoles of women’s shoes. 
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Politician Settling Case for Unauthorized Use of Music at Campaign Events

August 29, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

It appears that Newt Gingrich and Frankie Sullivan, a member of the rock band Survivor, and his company Rude Music , have reached a tentative settlement in the latter’s copyright infringement suits against Gingrich for use of the song "Eye of the Tiger" during Gingrich’s presidential campaign bid.
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Are You Willing to Pay $22,500 to Download A Song?

August 28, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The August 23, 2012 decision in Song BMG Music Entertainment v. Tenenbaum, the most recent in this extended litigation, leaves no doubt that individuals who download music and distribute it without proper authorization through peer-to-peer file sharing sites are subject to liability for copyright infringement and payment of substantial statutory damages for doing so.
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Legal Challenge To ICM Registry's and ICANN's .XXX gTLD Continues - What Are The Implications For Other gTLD Applicants?

August 20, 2012 | Blog | By Geri Haight

As we reported in December, two adult entertainment companies filed suit in federal district court in Los Angeles against the Internet Corporation for Assigned Names and Numbers (ICANN) and ICM Registry, the sole operator of the .XXX domain name registry.
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Just Because You Can Copy It Does Not Mean That You May Copy It

August 15, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources.
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Google Search Results Will Reflect Repeated Copyright Infringement

August 13, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

On Friday, August 10, 2012, Google announced that it was changing its search algorithms so that websites with high numbers of valid copyright infringement removal notices would appear much lower in the search results.
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More Comments? ICANN Extends Public Comment Period For An Additional 45 Days

August 10, 2012 | Blog | By Geri Haight

ICANN has announced that it has extended the public comment period for new generic top-level domain (gTLD) applications for an additional 45 days. The public comment period was scheduled to close on August 12th. The new end date is now September 26, 2012. 
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Sunbeam Decision Gives a Ray of Hope to Trademark Licensees

July 31, 2012 | Blog | By Geri Haight

Our colleagues in the Bankruptcy Section published a client advisory on a recent decision that has important implications for the bankruptcy rights of trademark licensees (and licensees of other forms of intellectual property).
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ICANN's New gTLDs Program: Disputes, Comments and Objections

July 16, 2012 | Blog | By Geri Haight

What if someone applied for a new generic Top Level Domain (gTLD) that is confusingly similar to the gTLD applied for by your company? Who has standing to file an objection or to submit a public comment in response to an applied-for gTLD? 
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Hershey Thinks Outside the Box (or the Candy Wrapper) in Seeking Trademark Protection for a Product Shape

July 12, 2012 | Blog | By Susan Neuberger Weller

On July 2, 2012, the U. S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB” or “Board”) granted Hershey's request to register the design and shape of a chocolate bar as a trademark on the Principal Register.
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Avoid a "Heart Attack": Promptly Register Your Trademarks

July 12, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

On July 6, 2012, in Lebewohl v. Heart Attack Grill, LLC , a New York Judge made it possible, in the words of the Wall Street Journal, for people to continue to “Order Up a Heart Attack" in, at least, Las Vegas and Manhattan.
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One Less Copyright Issue to Worry About at the Gym

June 26, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The U.S. Copyright Office has made it clear through a Statement of Policy released on June 18, 2012 that “functional physical movements such as sports movements, exercises, and other ordinary motor activities alone" are not works of authorship protected under U.S. copyright law.
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Copyright Owners Using DMCA To Take Down URLs

June 20, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

At a conference held June 18 at Stanford University Law School - The 9th Annual Stanford Ecommerce Best Practices Conference - it was reported that copyright holders are increasingly using the Digital Millennium Copyright Act's ("DMCA") notice and takedown procedures to address copyright infringement on websites.
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The List of gTLD Applicants: A Breakdown

June 14, 2012 | Blog | By Geri Haight

The list of gTLD applications and applicants, disclosed by ICANN yesterday, is a fascinating read.  It provides an insight into how the Internet will be transformed (or, depending on your point of view, confused) in the coming years as new domain name extensions are introduced to consumers.
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Happy Reveal Day! The List of New gTLD Applications Is Now Available

June 13, 2012 | Blog | By Geri Haight

ICANN published the list of applied-for gTLD character strings today. Here is the list. Take a look to see who has applied. There are many applications for .BRANDS, like .AMERICANEXPRESS, .MACYS, and .LEGO. 
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Is It Proper To Say You Google On GOOGLE®?

June 9, 2012 | Blog | By Geri Haight

Do you "google?" That is the essence of the question before the Federal District Court in Arizona in a Complaint filed on May 21, 2012 by David Elliott against Internet search engine giant Google, Inc. In Elliot v Google, Inc., CV-12-1072-PHX-MHB, Elliot claims that Google’s once distinctive mark GOOGLE® has become generic and lacks trademark significance due to its common use as a transitive verb.
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