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My colleagues in our Litigation practice, Harvey Saferstein and Nada I. Shamonki, recently authored an alert "Another Shoe Drops in Washington: Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers".
On November 2, 2012, a federal jury in the Central District of California awarded Mixed Chicks LLC, a beauty supply company for mixed-race women, $839,535 in actual damages and $7,275,000 in punitive damages for willfully infringing the MIXED CHICKS® trademark and trade dress with its MIXED SILK line of products.

How Do You or Don’t You State a Case for A Declaratory Judgment in a Trademark Dispute?

December 5, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

Ever since the US Supreme Court in MedImmune, Inc. v. Genetech, Inc., 549 U.S. 118, 127 S, Ct, 764, 166 L. Ed.604 (2007)  threw out the "reasonable apprehension" test as defining the grounds for bringing a declaratory judgment action, courts have considered a wide variety of factual circumstances in deciding which meet the Court's redefinition of "controversy."

Some Companies Must Do More To Protect Brand Identity

December 4, 2012 | Blog | By Geri Haight

My colleague Susan Weller recently authored an article for Law360 on protecting brand identity.

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.

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.

U.S. Supreme Court Hears Arguments in the First Sale Case

October 31, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

Despite Hurricane Sandy, the US Supreme Court heard arguments on Monday, October 29, 2012 on whether the "first-sale doctrine" of US copyright law applies to goods made outside the US.
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. 
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.

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.

Update: S. 3523 Passes U.S. Senate Judiciary Committee

October 1, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The bill to extend intellectual property protection to the fashion industry, S. 3523, the substance of which we reported recently, has passed the US Senate Judiciary Committee without amendment.

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?" 

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.

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.

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."
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. 

The U.S. Government Supports Textbook Publisher in First Sale Case

September 11, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

As previously reported, the U.S. Supreme Court has agreed to hear a case involving the territorial limits of the first sale doctrine under U.S. copyright law. Oral arguments in that case have been set for October 29.
Following up on my post on the subject, I had the opportunity to speak with Colin O'Keefe of LXBN regarding Song BMG Music Entertainment v. Tenenbaum. In the brief interview, I explain the background of the case and why Tenenbaum ended up being ordered to pay such a hefty price for the songs he copied.

The U.S. Supreme Court Grants Cert to Decide Scope of First Sale Doctrine

September 5, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The U.S. Supreme Court has granted cert in order to decide an issue of great importance to all businesses involved in manufacturing and distributing products throughout the world, particularly those  involved in retailing and importation, namely, whether foreign made works intended for sale outside the U.S., in which the copyright is owned by a U.S. entity, may be purchased outside the U.S., imported into the U.S., and then resold or otherwise disposed of  in the U.S. without the copyright owner’s authorization. 

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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