Civil Procedure: Venue Established by Computer Web Site
Mark A. Goldsmith of Honigman Miller Schwartz and Cohn LLP
Plaintiff sued Defendants for violation of the Lanham Act, contending that they were "passing off" Plaintiff's prod.
New Law Extends Protection to "Famous" Trademarks
Pillsbury Winthrop Shaw Pittman LLP
On January 16, President Clinton signed The Federal Trademark Dilution Act of 1995, which extends protection to ".
Making Your Mark on the World
Richard M. Berman of Faegre & Benson LLP
This article summarizes the United States Trademark laws and outlines factors a United States trademark owner should be aware of when doing business internationally.
Enforcing a Service Mark or Trademark in the Federal Courts in New Jersey
Richard G. Berger of Schiffman, Abraham, Kaufman & Ritter, P.C.
Enforcement of federal trade and service marks under the Lanham Act, 15 U.S.C. sections 1116 generally involves a c.
The Federal Trademark Dilution Act -- Much Hobbled One Year After Victoria's Secret
Ira J. Levy of Goodwin Procter LLP
The purpose of the Federal Trademark Dilution Act is to protect famous trademarks from third party uses. However, with a few particular exceptions, the FTDA has failed to live up to its potential, and has failed to provide owners of famous marks the protection that they rightly or wrongly anticipated.
Recognition of Well-Known Trademarks
Ron Rongwei Cai and Yuping Wang of Davis Wright Tremaine LLP
Most countries do not process applications for recognition of well-known trademarks unless owners of such trademarks have demonstrated a need for such recognition, and most countries do not have a separate or independent application procedure for recognition of well-known trademarks.
U.S. Supreme Court Dilution Case -- Victoria's Secret
Preston C. Regehr of Parsons Behle & Latimer
On March 4, 2003, the U.S. Supreme Court delivered a blow to famous trademarks. In a unanimous ruling against Victoria Secret in its claim against a mom and pop Kentucky store selling lingerie and adult novelties under the brand "Victor's Little Secret", the court required a showing of actual damage from "blurring and eroding the distinctiveness" of the famous mark.
Catch A Tiger By The Tail: Guarding Trademarks As Your Business Expands
Estella S. Gold of White and Williams LLP
While White and Williams can't guarantee that a predatory tiger won't spring from the commercial underbrush to threaten a client?s treasured trademark, some preventive legal medicine can help avoid an unfortunate surprise attack. One prescription is to plan carefully when you use your existing trademark in a new business sector.
Rock and Roll Museum Wins Injunction
Dykema Gossett PLLC
The Rock and Roll Hall of Fame and Museum, Inc. has been awarded a preliminary injunction by the Federal District C.
The Use of Trademarks for Resale of Refurbished Goods
David Wolf of Wolf, Greenfield & Sacks, P.C.
The desire for used equipment has spawned in the United States alone a multi-billion dollar industry featuring the sale of pre-owned, refurbished goods. Jewelry, watches, cameras, automobiles, sporting equipment, computers, machinery, medical devices, and medical, office, and restaurant equipment are but a few of the many products purchased as used equipment. Typically such products are cosmetically reconditioned or refurbished, but more serious modifications are often required to condition the product for resale.
Defending Levi Strauss: Findlaw Interview with Gregory S. Gilchrist of Townsend and Townsend and Crew
Jiminy C Twu of FindLaw M V
Gregory Gilchrist is a partner in Townsend and Townsend and Crew's San Francisco office. He recently defended Levi Strauss successfully against a class action filed by garment workers in Saipan.
The Film Industry: What You Need to Know About Trademarks
Victoria Lockley and Ian Craig of Dorsey & Whitney LLP
When it comes to intellectual property, filmmakers tend to overlook the importance of trade marks and focus all of their attention on the marginally sexier world of copyright.This is understandable but could prove costly, particularly given the evolving nature of the film industry with respect to ancillary revenue opportunities.
The Right Stuff to be a Trademark Lawyer
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
Do you have the legal smarts to figure out how the courts ruled in these tricky cases?
Consider Potential FDA Objections to Pharmaceutical Trademarks
William Patrick Bengtsson of Pillsbury Winthrop Shaw Pittman LLP
Companies developing pharmaceutical products know the importance of selecting and clearing a trademark early in t.
The "Toblerone" Chocolate Bar Case
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
An important lesson to be learned by those conducting marketing research.
The European Community Trademark Law
Eugene M Prince of Pillsbury Winthrop Shaw Pittman LLP
Pursuant to the treaty establishing the European Community, the counsel of the European Union issued a regulation.
Customs Update: Protecting Trademarks on Gray Market Imports
Pepper Hamilton LLP
This update examines the effect of Lever Bros. Co. v. United States on the importation of gray market goods.