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September 02, 2021 | New York Law Journal

Sheppard Mullin Takes on Defense for Company Accused of Infringing on 'Spider' Workout Trademark

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
August 27, 2021 | New York Law Journal

The Long, Slow Road to Protecting Fashions by Copyright

Fair use will remain about as subjective in application as is the quality of the artworks and all the rest to which it is intended to apply.
8 minute read
August 27, 2021 | New York Law Journal

Creative Branding and Maximizing Intellectual Property Protection With Color

Given the broad scope of possible protection, the rights of others should be carefully considered in product development in order to avoid confusing similarity with the non-functional shapes and colors of established brands.
9 minute read
August 20, 2021 | New York Law Journal

1-800 Contacts Alleges That Warby Parker Used Its Trademarks For Better SEO

Shearman & Sterling and Michael Best & Friedrich filed a trademark lawsuit Wednesday in New York Southern District Court on behalf of contact…
1 minute read
August 09, 2021 | New York Law Journal

American Airlines Alleges That Company Is Using Its Copyright To Steal Customers' Data

Greenberg Traurig filed a trademark and copyright lawsuit Sunday in New York Southern District Court on behalf of American Airlines. The suit accuses…
1 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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August 02, 2021 | New York Law Journal

Spike Says Company Is Selling Knockoff 'Yellowstone' TV Series Merchandise in Trademark Suit

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
June 03, 2021 | New York Law Journal

Copyright Filings Down From 2018 Surge, New Report Finds

Davis Wright Tremaine, whose clients include Amazon, CNN and ABC, was the most prolific firm on the defense side, defending a total of 208 copyright lawsuits in the last three years, according to Lex Machina.
4 minute read
May 11, 2021 | New York Law Journal

Second Circuit Decides Two Counterfeiting Cases

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady discuss 'Tiffany v. Costco,' where the U.S. Court of Appeals for the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and 'Omega v. 375 Canal,' where the court addressed liability for contributory infringement for counterfeiting.
9 minute read
April 02, 2021 | New York Law Journal

Nike's Lawsuit Against 'Satan Shoes' Maker Brings Question of First Amendment's Application to Commercial Goods

U.S. District Judge Eric Komitee acknowledged in his five-page order that the shoe designer has asserted a free-expression defense and would have the opportunity to pursue that defense at the preliminary injunction stage. "First Amendment rights of artistic expression are paramount," he wrote.
5 minute read
March 15, 2021 | New York Law Journal

Minding the Digital Storefront: SDNY Explores Trademark Protection in Internet Domain Name Context

The Internet presents a number of challenges to traditional trademark analysis and the related issues of customer confusion and unfair competition. One developing area involves Internet domain names. Are they protectible as marks? What uses does trademark protect in that context? In this edition of their Intellectual Property column, Stephen M. Kramarsky and John Millson discuss a recent Southern District case that provides some useful analysis.
11 minute read

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