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Archive for the ‘Trademark’ Category

Trademark Infringement or First Amendment Right of Freedom of Speech?

By Yunnan Jiang – Edited by Paulius Jurcys

On October 11, the Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union of Virginia, Inc. (“ACLU”) filed a joint brief in the U.S. Court Of Appeals, urging  that “trademark laws should not be used to impinge the First Amendment rights of critics and commentators”. The brief argues that the use of the names of organizations to comment, critique, and parody, is constitutionally protected by the speaker’s First Amendment right of freedom of expression.

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Posted On Oct - 20 - 2014 Comments Off READ FULL POST

Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation Error

Non-Infringement of Cellular Network Patents Affirmed

Federal Circuit Finds it Lacks Subject-Matter Appellate Jurisdiction Over Patent Infringement Case
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Posted On Jul - 21 - 2014 Comments Off READ FULL POST

Flash Digest: News in Brief

By Olga Slobodyanyuk

BP Fails to Trademark the Color Green in Australia

The FTC Sues Amazon over Children’s Purchases in Apps

Leaked Code Reveals that NSA is Targeting Users of Privacy Services

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Posted On Jul - 15 - 2014 Comments Off READ FULL POST

Dumb Starbucks Prank Sparks a Tangle of Legal Concerns
By Mengyi Wang – Edited by Sarah O’Loughlin

Last weekend, Los Angeles residents stood in line to taste free coffee at a new coffee shop in town: “Dumb Starbucks.” The stunt was later discovered to have been orchestrated by Comedy Central comedian Nathan Fielder. Although short-lived—the shop was shut down by the Los Angeles Health Department for operating without a health permit—Dumb Starbucks coffee shop has drawn considerable attention and raised an array of legal issues.

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Posted On Feb - 15 - 2014 Comments Off READ FULL POST

U.K. High Court finds that Zynga’s Scramble does not infringe on Mattel’s trademarked Scrabble
By Michelle Goldring – Edited by Jennifer Wong

J.W. Spear & Sons v. Zynga Inc.

The England and Wales High Court of Justice, Chancery Division held that infringement of Scrabble’s trademarked name did not occur when Zynga titled its games “Scramble” and “Scramble with Friends.” It also held that the word “Scramble” was used to refer to games of that type and therefore did not infringe on Mattel’s trademark of that word. However, the court also expressed concern that the “Scramble” logo created a likelihood of confusion because of its design.

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Posted On Nov - 13 - 2013 Comments Off READ FULL POST
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