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Archive for the ‘Trademark’ Category

Ninth Circuit Remands Cybersquatting Case By Debbie Rosenbaum – Edited by Amanda Rice Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir., Nov. 16, 2009) Opinion On November 16th, the Ninth Circuit held that the district court’s finding that the mark “VeriCheck” was an inherently distinctive, legally protectable mark was based in part on erroneous legal reasoning and in part on valid reasoning. Accordingly, it vacated the lower court’s award of summary judgment in favor of the defendant and remanded. However, ... Read More...
Posted On Nov - 21 - 2009 Comments Off READ FULL POST
Facebook, Inc. v. Power Ventures, Inc. By Gary Pong – Edited by Eric Engle Facebook, Inc. v. Power Ventures, Inc., Case No. 08-cv-05780-JF (N.D. Cal. Oct. 22, 2009) Order (Hosted by SPAM NOTES) The United States District Court for the Northern District of California has granted a motion by Facebook to dismiss counter-claims and strike affirmative defenses in its ongoing case against Power Ventures (Power.com). In his order, United States District Judge Jeremy Fogel wrote that Power.com’s answer and counter-claim ... Read More...
Posted On Oct - 24 - 2009 Comments Off READ FULL POST
Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders By Brittany Blueitt – Edited by Stephanie Weiner Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009) Majority Opinion (Baer, J.) Concurring Opinion (Castille, J.) Dissenting Opinion (Eakin, J.) Dissenting Opinion (Greenspan, J.) On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. ... Read More...
Posted On Oct - 16 - 2009 Comments Off READ FULL POST
By Sharona Hakimi EU Court Advisor Supports Google Keyword Searches in Trademark Suit On September 22, Reuters reported that an advocate general to the European Court of Justice, the EU’s highest court, stated that Google did not infringe trademark rights of luxury goods maker Louis Vuitton (LVMH). Google sells keywords that use the company’s trademarks, but Advocate General Poiares Maduro concluded that trademark protections do not extend to search advertising keywords because they are not considered a product sold to ... Read More...
Posted On Oct - 5 - 2009 Comments Off READ FULL POST
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
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