Trademark & Copyright

Nothing Revealed on "Reveal Day": New gTLD Application System Remains Suspended

May 1, 2012| Blog

The much anticipated "Reveal Day" -- so dubbed by ICANN itself -- has now come and gone without fanfare. May 1st was to be the day when ICANN was scheduled to publish the list of all applied-for new generic top level domains (gTLDs) as part of the roll-out of the new Internet era.

The Latest From ICANN: New gTLD Application System Shut Down

April 26, 2012| Blog

ICANN has temporarily taken the TAS application system for new generic top level domains (gTLDs) offline due to a “technical glitch.” According to ICANN, a technical problem allowed a limited number of users to view other users' file names and user names.

Fourth Circuit Resurrects Rosetta Stone's Challenge to Google's AdWords Program

April 10, 2012| Blog

On Monday, the Court of Appeals for the Fourth Circuit reversed the district court's decision ending Rosetta Stone's trademark infringement case against Google.

Viacom Lives to Fight Another Day in YouTube DMCA Suit

April 8, 2012| Blog

The Second Circuit has vacated District Court (S.D.N.Y.) Judge Louis L. Stanton’s June 2010 dismissal of Viacom’s $1 billion copyright infringement suit against YouTube.

The Batching Games: ICANN's Plan to Process New gTLD Applications

April 5, 2012| Blog

On March 29, 2012, the user registration window closed for anyone planning to apply for a new generic top level domain (gTLD). Applicants who registered prior to March 29, 2012, however, still have until April 12, 2012 to complete their application.

Pinterest Announces Changes To Its Terms Of Service

March 26, 2012| Blog

Pinterest, the latest social media craze, announced on Friday night in an email to users that it intended to make certain changes to its Terms Of Service. The changes will not go into effect until April 6, 2012.

Applying for a New gTLD? Registration Deadline of March 29, 2012 Approaches As Cybersquatting Continues To Rise.

March 19, 2012| Blog

Time is running out to apply for the Internet Corporation for Assigned Names and Numbers' (ICANN) new program to dramatically expand the number of generic top-level domain names (gTLDs).

Letters of Protest: A Tool To Avoid The "Trademark Bully" Label

March 14, 2012| Blog

Thanks to DuetsBlog for providing an update on the EAT MOR CHIKIN v. EAT MORE KALE dispute that was the subject of our prior post.

Rules for Use of Music at Political Campaign Events

March 1, 2012| Blog

National Public Radio had a story yesterday on politicians' use (or misuse) of music at campaign events. It sets forth three seemingly simple rules for politicians to follow in order to avoid copyright and/or trademark based claims arising from such use: (1) know your venue; (2) know when to ask for permission; and (3) "know when to fold'em."

WIPO Named Exclusive Arbitrator of "Legal Rights Objections" for New gTLD Program

February 29, 2012| Blog

ICANN has recently appointed the World Intellectual Property Organization (WIPO) to be the exclusive provider of dispute resolution services when a third party files a formal "Legal Rights Objection" or "LRO" to a pending application under the new gTLD program.

Using Online Shame as a Defense to a Trademark Infringement Claim May Not Always Be Effective

February 27, 2012| Blog

The Wall Street Journal had a piece recently about how the recipients of trademark infringement cease and desist letters are increasingly using "online shame" to gain leverage in disputes with trademark owners. As "trademark bullying" is a hot topic among trademark lawyers and in the press, this article picks up on that theme.

PRETZEL CRISPS: The Importance of Evaluating A Trademark's Strength

February 22, 2012| Blog

The New York Times had an interesting article about the ongoing dispute between Princeton Vanguard and Frito-Lay over Princeton Vanguard's attempts to obtain a federal trademark registration for the mark PRETZEL CRISPS.

LINSANITY: The Trademark

February 16, 2012| Blog

On the heels of recent attempts to trademark a celebrity baby name comes the story of an attempt to obtain trademark protection for the name of a sports celebrity. Well, a variation of a sport celebrity's name.

Second Application Window for New gTLDs "Reaffirmed" By ICANN

February 13, 2012| Blog

Last week, during a special meeting of the ICANN Board of Directors, the ICANN Board approved a resolution that contained a "reaffirmation" that ICANN will open a second application window for the gTLD program "as expeditiously as possible."

The Latest on the New gTLD Launch: "Reveal Day" Set For May 1st

February 7, 2012| Blog

Trademark owners, mark your calendars. ICANN announced that Tuesday, May 1, 2012 will be "reveal day." On May 1st, ICANN will publicly post the gTLD character strings that have been applied for in connection with its new gTLD program.

BLUE IVY CARTER: What to Get a Child Who Has Everything? A Trademark Registration.

February 6, 2012| Blog

Since the birth last month of their first child, Blue Ivy Carter, Beyoncé and Jay-Z are no doubt experiencing the typical joys of first-time parenthood. Those first looks, smiles and coos.

Who Owns a Company's Twitter Account (and Musings on Social Media and Trademarks)?

January 31, 2012| Blog

Our colleagues at Mintz Levin’s Employment Matters blog recently posted an interesting piece about a dispute regarding ownership of a Twitter account. The dispute arose from an employer/employee relationship, but serves as an important reminder about protecting your brand on social media sites.

Copyright Lessons from the Campaign Trail: Romney, Gingrich and Fair Use

January 30, 2012| Blog

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to -- what else -- trademark issues. Now, U.S. copyright law is in the spotlight of the Republican primary campaign.

The Trademark Audit: A Necessary Legal Checkup

January 26, 2012| Blog

A few weeks ago, we said goodbye to 2011, welcomed 2012 and made some New Year’s resolutions – whether it be to shed a few extra pounds, to quit smoking or to complain less and laugh more.

UPDATE: SOPA and PIPA Legislation Stalled in Congress

January 20, 2012| Blog

Following this week's Internet blackout by service providers and online resources opposed to the pending Stop Online Piracy Act and the Protect IP Act, Congressional leader have announced a postponement on future action on the legislation. Senate Majority Leader Harry Reid delayed a vote on PIPA scheduled for Tuesday.

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