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Lululemon and Calvin Klein Settle Yoga Pants Design Litigation

November 26, 2012 | Blog | By Geri Haight

As we reported  previously, Lululemon, an exercise apparel company, filed suit against Calvin Klein and its supplier G-III Apparel Group for infringement of three Lululemon design patents for yoga pants. On November 20, 2012, Lululemon filed a notice of voluntary dismissal in the Delaware proceeding based upon a settlement that would dismiss the suit with prejudice.
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FTC Revises "Green Guides"

November 21, 2012 | Blog | By Susan Neuberger Weller

On October 1, 2012, the Federal Trade Commission issued its revised Guides for the Use of Environmental Marketing Claims, known as the "Green Guides." The purpose of the Guides is to help marketers avoid making environmental marketing claims that may be perceived as deceptive or unfair under Section 5 of the FTC Act.
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Six months after the U.S. Court of Appeals for the Fourth Circuit reversed the district court's dismissal of Rosetta Stone's trademark infringement lawsuit against Google, the parties issued a joint statement today announcing that they have settled their legal dispute. 
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We at Mintz Levin’s Copyright and Trademark Matter law blog are thrilled to announce that Geri Haight, editor of this blog and our colleague in Mintz Levin’s Intellectual Property group, will receive a Volunteer Service Award at this year’s International Trademark Association (INTA) Leadership Meeting in Orlando, Florida.
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Pattern Designs on US Navy Uniforms and Fabric Are Non-Functional Protected Trademarks

October 9, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

A recent TTAB case addresses the issue of functionality and protection of design. In the case In re Navy Exchange Service Command, (“NEXCOM”), the TTAB issued a non-precedential decision on September 29, 2012 in which it reversed the Examining Attorney's refusal to register four irregular block-shaped, multi-colored pixilated pattern design marks that the US Navy used on clothing and fabric.
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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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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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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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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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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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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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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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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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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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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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