Smiley Face Showdown: Nirvana v. Marc Jacobs in the Battle for Iconic Logo Right

After a drawn-out legal battle spanning several years, the famed rock band Nirvana, the fashion giant Marc Jacobs International LLC, and a former record company employee have finally reached a settlement regarding the contentious “smiley face” logo. Nirvana LLC v. Marc Jacobs International LLC et al. (case number 2:18-cv-10743). This agreement was reported in a [...]

By |2024-07-14T18:24:39-07:00July 12th, 2024|Likelihood of Confusion, Trademark|0 Comments

Recovery of Priority Date(s), Italian heritage copyrights, BBB for TM Disputes?

Please join us Monday, July 8, 2024 where we will discuss several disparate topics, including: Recovery of Patent Priority Date when an anniversary for US or PCT filing is missed. Do Italian art heritage laws trump EU copyright law? A recent example of using the Better Business Bureau to police the use of the registered [...]

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. Key cases have addressed the limits of parody in trademark use, the challenges of proving distinctiveness for product designs, and the ongoing debate over free speech in trademark registration. These [...]

Let’s go Back in Time for the Delorean Trademark and Crime-Fraud Exception’s Relationship with Inequitable Conduct Allegations

Let's go Back in Time The Delorean broke into the collective consciousness of America in 1985 with the motion picture Back to the Future. The story of the original Delorean Motor Company is literally the stuff of insane documentaries. From high-flying ex-GM car designer to cocaine trafficking to fund continued operations of John Delorean's assembly [...]

Recent Developments at the European Patent Office and an Update on Design and Trademark Protection in the United Kingdom

Recent Developments at the European Patent Office and an Update on Design and Trademark Protection in the United Kingdom Please join us Monday, April 22, 2024 at noon where we welcome guest speaker John Kensett from the Dolleymores firm in the United Kingdom.  John will lead a presentation addressing recent developments at the European Patent [...]

By |2024-04-19T18:06:36-07:00April 19th, 2024|United Kingdom, EPO, Guest Speaker, Trademark, Patent|0 Comments

Rule 68 & Copyright Law

Please join us Monday, April 15, 2024 at noon where we will discuss Federal Rule of Civil Procedure 68 (Rule 68) and the "open question" of whether post-offer attorney’s fees are part of the recoverable "costs" for a defendant, in particular, in copyright cases. I think defendants should be able to use the Rule 68 [...]

Tips from Recent IP Cases

Tips from Recent IP Cases Please join us Monday, February 5, 2024 at noon where will discuss the importance of patent assignments stemming from Roku, Inc. v. International Trade Commission (Fed. Cir. 2024), the importance of timely filings in motion practice (or lack thereof) as seen in the trademark case Rolex Watch v. Beckertime (5th [...]

Bad Spaniels Leashed by Supreme Court and a Totally Bananas Copyright Case

  On Monday, July 10, Chris Kopitzke will lead the discussion about a Supreme Court trademark decision concerning a doggie chew toy, along with a copyright case in the Southern District of Florida about dueling artworks featuring bananas and duct tape. In Jack Daniel’s Properties v. VIP Products, No. 22-148 (S. Ct., June 8, 2023), [...]

By |2023-07-09T17:51:22-07:00July 9th, 2023|First Amendment, Trademark|0 Comments

9th Circuit sides with GoDaddy in Cybersquatting/Lanham Act Case: Rigsby v. GoDaddy

On Monday, April 9, 2023, Marina Lang will lead the discussion about recent 9th Circuit Opinion RIGSBY V. GODADDY INC. See Published Opinion Here: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/02/03/21-16182.pdf The panel held that Plaintiff--a well known athlete and speaker-- could not satisfy “use in commerce” prong of the Lanham Act & could not overcome GoDaddy’s immunity protections under the [...]

By |2023-04-09T12:58:16-07:00April 9th, 2023|Trademark|0 Comments
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