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Advertising Injuries: Are You Covered? ( June 2005 )
Has your business ever been sued, or threatened with suit, because your product allegedly looks too similar to another business product? You may be tempted to change your product's design, simply to avoid the cost of defending a lawsuit. But your business may be insured for this sort of claim. -
Holmes v. Vornado: A Restatement of the "Arising Under" Jurisdiction of Federal Courts ( November 2002 )
On June 3, 2002, the Supreme Court issued one of its most important decisions in decades construing the "arising under" jurisdiction of United States District Courts. In <u>Holmes Group, Inc</u>. v. <u>Vornado Air Circulation Systems, Inc</u>., seven Justices of the Court held that a civil action is not one "arising under" federal law - including federal patent, trademark, and copyright law - if the well-pleaded complaint of the plaintiff does not allege a claim whose resolution depends on a substantial question of federal law. -
Trademark Issues on the Internet ( October 2000 )
Introduction The Internet has changed the way the world does business.. -
IP Law Bulletin, March 22, 2000: Wal-Mart Stores, Inc. v. Samara Brothers, Inc. ( March 2000 )
This article reviews the recent US Supreme Court decision in Wal-Mart Stores, Inc. v. Samara Brothers, Inc. whereby the Court discussed the issue of when a product's design is protected as an unregistered trade dress. -
Supreme Court Narrows Trade Dress Protections ( April 2000 )
This article reviews the recent decision by the U.S. Supreme Court (Wal Mart, Inc. vs. Samara Brothers) whereby the Court raised the bar on proving a trade dress claim. The Court ruled that trade dress can never be inherently distinctive. -
Supreme Court Update 1999-2000 ( April 2000 )
This article highlights the key U.S. Supreme Court Opinions decided during the 1999-2000 session. -
US High Court Decides Pivotal Trade Dress Case ( April 2000 )
This article summarizes the recent U.S. Supreme Court decision, Wal Mart Stores Inc. vs. Samara Bros. Inc., whereby the Court discussed the issue of product design trade dress. -
U.S. Supreme Court To Determine If A Product's Design Is "Inherently Distinctive" For Trade Dress Protection ( March 2000 )
The United States Supreme Court has granted certiorari to decide when a product's design is "inherently distinctive. -
Courts Using Different Standards to Determine Functionality in Trade Dress Protection ( September 1999 )
Two recent cases deserve special attention for their use of alternative tests to determine whether trade dress con. -
TRADE DRESS--THE FORGOTTEN TRADEMARK RIGHT ( July 1999 )
To understand how to protect trade dress rights, and why these rights are often forgotte.