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Archive for the ‘Trademark’ Category

CAFC Requires a Clear and Convincing Intent to Deceive By Adrienne Baker – Edited by Stephanie Young In re Bose Corp., No. 2008-1448, 2009 WL 2709312 (Fed. Cir., Aug. 31, 2009). Opinion On August 31, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the Trademark Trial and Appeal Board (“TTAB”) decision, which ruled that fraud is committed when a registrant or applicant makes material misrepresentations it knows or should have known to be false or misleading.  ... Read More...
Posted On Sep - 14 - 2009 Comments Off READ FULL POST
By Ian B. Brooks Paris Hilton Obtains Small Victory in Ninth Circuit WSJ Blogs reports that the Ninth Circuit gave Paris Hilton the green light on August 31 to proceed in her lawsuit against Hallmark for its use of her image and the phrase “That’s Hot” in a birthday greeting card. The court made note of the similarities between the card and Hilton’s appearance on the television show “The Simple Life.” In support of Hilton, the court stated that she ... Read More...
Posted On Sep - 4 - 2009 Comments Off READ FULL POST
By Sharona Hakimi Senators Urge FCC to Carefully Examine Exclusive Cell Phone Deals On June 16, Ars Technica reported that senators wrote a letter to the FCC voicing concern over exclusivity agreements between service providers and phone manufacturers. The four senators who signed the letter – Senators John Kerry (D-MA), Roger Wicker (R-MS), Byron Dorgan (D-ND), and Amy Klobuchar (D-MN) – expressed particular concern as to whether the deals restrict consumer choice regarding handsets and geographic regions. They also noted ... Read More...
Posted On Jun - 20 - 2009 Comments Off READ FULL POST
Fame Helps Sales Director Survive Bon Jovi’s Motion to Dismiss By Jad Mills – Edited by Caitlyn Ross AFL Philadelphia LLCl v. Krause, June 4, 2009, No. 09-614. Slip Opinion hosted by Exclusive Rights. On June 4, 2009, Judge Baylson of the Eastern District of Pennsylvania denied Philadelphia Soul’s motion to dismiss defendant Joe Krause’s counterclaims for trademark infringement and misappropriation of name in AFL Philadelphia LLC v. Krause. The judge allowed both counterclaims to go forward because Krause had sufficiently alleged ... Read More...
Posted On Jun - 14 - 2009 Comments Off READ FULL POST
Content by Vera Ranieri Google Sued for Use of Trademarked Terms in Adwords Program A class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy. ACLU Challenges Constitutionality of Gene Patents The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
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