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The Trademark Audit: A Necessary Legal Checkup

January 26, 2012 | Blog | By Geri Haight, Christine Baker

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. 
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UPDATE: SOPA and PIPA Legislation Stalled in Congress

January 20, 2012 | Blog | By Geri Haight

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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.Anything 101: A Brief Guide to the New gTLD Program

January 18, 2012 | Blog | By Jamison Arterton

Last week, ICANN began accepting applications for its new gTLD program. ICANN has posted a series of extremely comprehensive materials outlining the registration and evaluation process. 
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Not only is Newt Gingrich slipping in recent polls in his efforts to become the presidential nominee for the Republic Party, but he now has a domain name problem. As reported yesterday, the domain name <newtgingrich.com> has been registered by a pro-Democratic political action committee, American Bridge PAC.
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The Future of the SAAB Trademarks: Trademarks in Bankruptcy

December 19, 2011 | Blog | By Geri Haight

With the announcement today that the Swedish automaker Saab has filed for bankruptcy, we thought it timely to take a look at what happens to trademarks in the context of a bankruptcy proceeding. SAAB is the owner of nearly 100 U.S. trademark registrations (for SAAB, ECOPOWER, BIOHYBRID, 9-3, among others). 
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This week, Yahoo! won a $610 million default judgment in the United States District Court for the Southern District of New York in a case involving the infamous Nigerian Advance Fee Fraud perpetrated through the Defendants' infringing use of Yahoo!’s trademarks and spam.
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I recently had the pleasure of attending a very informative presentation given by the Media Law Resource Center on two very important pieces of legislation currently working their way through Congress.
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Trademark Enforcement, Trademark "Bullies" and Social Media

December 5, 2011 | Blog | By Geri Haight

A few weeks ago, while in Montpelier, Vermont, I stumbled upon a Farmer's Market that featured a wealth of Vermont made, grown and raised art, produce and meats. In the midst of this bounty was Bo Muller-Moore, a self-described folk artist who is the creator of t-shirts proclaiming EAT MORE KALE. 
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In opposition to the imminent launch of the new  .XXX generic top level domain (gTLD), two adult entertainment companies have 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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Opposition Heats Up to ICANN's New gTLD Program

November 21, 2011 | Blog | By Jamison Arterton

On January 12, 2012, ICANN will roll out its new gTLD program.  Under the new program, applicants will be able to create and register a Top-Level Domain registry of their choosing.
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Use the UDRP to Reclaim That Trademarked Domain Name? Maybe Not.

November 16, 2011 | Blog | By Jamison Arterton

UDRP proceedings are often touted as a quick and inexpensive way to resolve domain name disputes. Several recent UDRP decisions denying relief to trademark owners, however, demonstrate that in some instances the UDRP may not be the appropriate tool.
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Section 1(b) Intent-To-Use Applications: Evidence of Bona Fide Intent Required

November 15, 2011 | Blog | By Geri Haight, Christine Baker

If you’re familiar with the federal registration of trademarks and service marks in the United States, you know that U.S. trademark law allows an applicant to seek registration of a mark based on either actual use of a mark in interstate commerce  (15 U.S.C. Sec 1051(a)) or on a bona fide intent to use the mark in U.S. commerce (15 U.S.C. Sec 1051(b)).
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Sunrise Period Ends on October 28th for .XXX Domains

October 26, 2011 | Blog | By Geri Haight

Only two days remain to submit applications to block registration of .xxx domain names that include registered trademarks.
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Section 505 of the Copyright Act provides that, in a copyright infringement action, the court may "in its discretion" award costs to a prevailing party. In addition, the provision provides that the court "may" award a prevailing party its reasonable attorney's fees as part of the award of costs.
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Mintz Matrix: Chart of State Data Breach Notification Laws

October 6, 2011 | Blog | By Geri Haight

Our colleagues who blog at Mintz Levin's Privacy & Security Matters just posted an updated chart of state data breach notification laws.
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In the latest Google AdWords decision, a U.S. Federal District Court judge in Texas refused to certify two classes of advertisers who filed separate infringement suits against Google Inc. 
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Over the past few years, starting with the Recording Industry Association of America’s (RIAA’s) well-publicized campaign to enforce the copyrights of its associated record companies, new types of copyright infringement litigation techniques have been tried all over the country.
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Remember last year when the European Union's Court of Justice ruled that Google did not violate European Union law by selling trademarks as keywords and thereby permitting advertisers to purchase and use keywords corresponding to their competitor's trademarks in Google ads? 
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Pre-Register Your .XXX Domain Names Now

September 15, 2011 | Blog | By Geri Haight

Although .xxx domain names will not become generally available to the public until December 6, 2011, many registrars are offering pre-registration of these domain names now. 
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Creative Trademark Licensing Presents Business Opportunities

September 8, 2011 | Blog | By Geri Haight, Susan Neuberger Weller

The Washington Post recently published an interesting article showing how opportunistic entrepreneurs and various branches of the U.S. military have collaborated to create a $50 million market for goods branded with various US military insignia and trademarks.
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