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'Dawn Donut Rule': A Guide for Expanding Franchises to Enforce Trademark Rights
A relatively recent trend indicates that state regulators in franchise registration states are conducting state trademark searches and advising franchise owners, who are filing applications to offer and sell franchises in those registration states, that a local third party already operates in the state under the same or similar trademark as the franchise.
Fashion Model's Privacy Claims Arising From Internet Postings
Plaintiff filed suit in the Southern District of New York alleging violation of her right to "privacy" and/or "publicity" under §§50 and 51 of the New York Civil Rights Law. Her additional claims included violation of the Lanham Act, 15 U.S.C. §1051, unfair competition, breach of contract and fraud.
'Be Careful What We Wish For': Jury Rules for Hermès in Historic MetaBirkin NFT Trademark Trial
The jury began deliberating Monday afternoon and on Wednesday morning awarded $133,000 in net profits and statutory damages to Hermès, represented by Baker & Hostetler.
How a Luxury Designer Made the Case 'Adidas Does Not Own Stripes'
A trial team led by Robert Maldonado of Wolf, Greenfield & Sacks successfully defended luxury designer Thom Browne from claims that his four-stripe designs infringed Adidas' three-stripe trademark.
Supreme Court To Revisit the Patent Enablement Standard
The decision in 'Amgen v. Sanofi' has the potential to have a significant impact on inventors and patent drafters, and the breadth with which they may be able to claim their inventions.
Law Journal Press | Digital Book
America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition
Authors: Mary Anthony Merchant
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Supreme Court To Address Extraterritorial Scope of the Lanham Act
In 2023, the Supreme Court is set to address the extraterritorial application of the protections provided by the Lanham Act.
Supreme Court Will Again Be Focus of IP World in 2023
Despite having lost two of its strongest voices on IP in the last two years, the high court is wading into some 'meat and potatoes' IP issues such as pharma patents and copyright fair use.
Trademarks, Consumer Products, and the First Amendment
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.
Intellectual Property in Russia: Protect Your Rights
In addition to what is seen on the news, Russia's invasion of Ukraine has resulted in other consequences such as the intellectual property rights of brands which have been operating in Russia and have now ceased operations there indefinitely. This article discusses the current legal status and the best strategy for intellectual property owners.TRENDING STORIES
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