The Newswire for IP Professionals

Trademarks


University Colors Can Be Trademarked, Judge Rules

Monday, July 31, 2006

In a decision that could have far-reaching implications, a federal judge has held Smack Apparel liable for intentional infringement, after ruling that universities’ school color schemes represent stand-alone trademarks that deserve legal protection.

Dusa Targets Chemical Supplier, Physicians In Suits

Tuesday, July 11, 2006

In an aggressive attack to assert its patents related to aminolevulinic acid, Dusa Pharmaceuticals Inc. has shot off a spate of lawsuits against an Arizona chemical supplier and six physicians in multiple states for infringing its patents and, in some cases, engaging in unfair competition and infringing its trademark.

Utah's "Clean Movie" Companies Illegitimate: Judge

Monday, July 10, 2006

In a blow to companies that edit sex and swearing out of Hollywood movies, a district judge in Colorado has ruled such practices are illegal under copyright law, handing directors and movie studios a significant victory.

No Help For Google In French Trademark Appeal

Thursday, June 29, 2006

A Parisian appeals court has upheld a controversial trademark infringement ruling against the French unit of Internet search giant Google Inc.

Anheuser-Busch Scores E.U. Victory In Bud Battle

Tuesday, June 27, 2006

Anheuser-Busch has won another battle in a war with Czech brewer Budejovicky Budvar over the Budweiser trademark, with the European Union upholding the beer maker’s right to use the “Bud” trademark throughout Europe.

Supreme Court Refuses Gray Market Case

Monday, June 26, 2006

In a move that has important implications for gray-market imports, the U.S. Supreme Court has declined to hear a case filed by ball-bearings maker SKF AB against the U.S. International Trade Commission.

London Fog To Auction Off Trademark

Thursday, June 22, 2006

Famed rainwear maker London Fog Group Inc. is looking to unload its trademark, one of the few things it still owns, after selling most of its assets in two bankruptcy court auctions in recent months.

Trademarked Funds Can Trade Without License

Monday, June 19, 2006

The International Securities Exchange can trade options without a license on two widely known exchange-traded funds without infringing on the funds’ trademarks, the Second Circuit unanimously confirmed on Friday.

Supreme Court Smokes Cubatabaco's Appeal

Monday, June 19, 2006

In what could be the final word in a trademark dispute that’s lasted almost ten years and stretched across national boundaries, the U.S. Supreme Court struck down a petition to review a lower court's ruling granting U.S. ownership of the brand name “Cohiba” to tobacco company General Cigar Co. Inc., over the objections of state-owned Cuban company Cubatabaco.

IP Attorney Can’t Claim His Own Name

Thursday, June 15, 2006

In a case that may sound like every intellectual property attorney’s wildest dream, M. Kelly Tillery of Pepper Hamilton sued for trademark protection—of his own name.

Supreme Ct. Passes On Guitar Trademark Case

Tuesday, June 06, 2006

The Supreme Court this week declined to hear long-simmering trademark infringement case between two high-quality guitar makers, leaving standing an appellate ruling that Paul Reed Smith Guitars’ Singlecut guitar line does not infringe on a trademark covering Gibson Guitar Corp.’s popular Les Paul model.

Trademark Decision Raises Red Flag For Businesses

Friday, June 02, 2006

Businesses could be inadvertently committing fraud and putting themselves at risk of having their trademark registrations canceled in light of a quiet three-year-old decision by the Trademark Trial and Appeal Board that has fundamentally changed the way that trademark registrations are handled in the United States, experts say.

Canada's Supreme Court Rules Against Brand Owners

Friday, June 02, 2006

Canada's Supreme Court has ruled in favor of small companies and against corporate trademark holders in two closely watched cases with wide-ranging implications for trademark enforcement in Canada.

Only 14% Of Trademark Suits Decided In '05

Wednesday, May 31, 2006

Less than 15% of trademark infringement lawsuits were decided at trial in 2005, with the vast majority of cases either settled out of court or dismissed by federal judges, according to a recent study published by a data research group.

Canada's Supreme Court To Rule On IP Issues

Tuesday, May 30, 2006

Canada’s Supreme Court will hand down eagerly anticipated rulings Friday, in two cases whose disposition could have far-reaching implications for intellectual property law enforcement in Canada.

Court Says “Non” To Louis Vuitton’s Injunctive Request

Thursday, May 25, 2006

After a favorable appeal, Louis Vuitton has suffered another defeat in district court in its long-standing case against retail chain Burlington Court Factory over a line of women's handbags alleged to be “confusingly similar” to the French fashion house’s signature design.

FUBU Trademark Tussle With Universal Is “UFUB”: Judge

Monday, May 22, 2006

More than four years after FUBU took aim at Universal Studios for poking fun at the popular apparel line in a satirical movie, a federal judge has tossed the apparel maker’s suit, saying the trademark infringement claim is “UFUB”—“utterly frivolous under biopsy.”

Cingular Sues Sprint Over “More Powerful” Ads

Friday, May 12, 2006

Calling for a trademark dispute to be played out in federal court, Cingular Wireless LLC claimed its main rival Sprint Nextel Corp. is resorting to false advertising to gain an edge in the mobile communications market.

Apple Prevails Over Beatles In U.K. Trademark Suit

Monday, May 08, 2006

In a setback for the corporate remnant of rock-n-roll band The Beatles, a court in the United Kingdom has ruled that U.S. computer maker Apple Computers Inc. has the right to use its Apple trademark and logo to sell digital music downloads.

Trademark Dilution Bill Nears Final Approval

Wednesday, April 26, 2006

Hailed by major corporations and IP attorneys alike for its increased protection of major brands, the Trademark Dilution Revision Act of 2006 has passed both houses of Congress and is expected to reach President George W. Bush’s desk later this year.

 

 

French Tax Raises Money For Drugs—And IP Concerns

As international governments and drug companies struggle to find a balance between protection of intellectual property and the rights of poor nations to access crucial medications, a controversial new French initiative stands to fuel the growing debate by pressuring the pharmaceutical industry to lower its prices.

Latest Articles

London Fog Lets Go Of Trademark

Monday, August 21, 2006

Still selling off its assets, bankrupt rainwear maker London Fog Group Inc. has unloaded its famed trademark, with Iconix Brand Group Inc. snapping up the recognizable brand for $30.5 million in cash and $7 million in stock.

No End In Sight In Plavix Battle

Monday, August 21, 2006

Attorneys spent a second day in court Monday arguing over whether Apotex’ generic version of the blockbuster blood thinner Plavix should be allowed on the market.

Lengthy Patent Battle Wages On For Microsoft

Monday, August 21, 2006

Timeline Inc. announced Monday that it has terminated a limited license with Microsoft Corp. for use of its patents with the software giant’s SQL Servers, and has asked a federal court to add Microsoft to a patent infringement lawsuit.

eBay Opinion Doesn’t Affect Preliminary Injunctions, Judge Rules

Monday, August 21, 2006

A federal judge has ruled that a landmark Supreme Court decision involving eBay only relates to permanent injunctions and not preliminary ones.

Federal Circuit Overturns Jury Verdict Against ACell

Monday, August 21, 2006

The Federal Circuit has overturned a jury verdict that found biotechnology company ACell Inc. liable for patent infringement of a tissue-engineering method for healing wounds and scars, ruling against Cook Biotech Inc. and Purdue Research Foundation.

Silicon Graphics To Retain Paul Hastings

Monday, August 21, 2006

Silicon Graphics Inc. has requested permission to hire Paul, Hastings, Janofsky & Walker LLP to act as its special intellectual property counsel.

Courts Write History on Permanent Injunctions In Patent Actions

Monday, August 21, 2006

Although a few more pages have been filled on the subject, there are still more pages that need to be written before the full impact and proper manner of applying the logic set forth in eBay will be understood, say Anthony F. Lo Cicero and Charles R. Macedo of Amster, Rothstein & Ebenstein LLP.

DexCom Scores Stay, Partial Dismissal In Abbott Suit

Friday, August 18, 2006

DexCom Inc. revealed Friday that it received a favorable ruling in a patent infringement dispute with rival Abbott Diabetes Care Inc. over technology related to glucose monitors used by diabetics.

EchoStar Wins Block Of Damaging DVR Injunction

Friday, August 18, 2006

The U.S. Courts of Appeals for the Federal Circuit Friday blocked a temporary injunction that would have prevented Echostar Communication Corp. from selling some of its digitial video recorders and stopped the service of about 4 million DVRs within 30 days.

Gloves Come Off In Plavix Battle

Friday, August 18, 2006

Canadian generic drug maker Apotex has accused Bristol-Myers of engaging in illegal secret side deals that led to a Department of Justice investigation into a Plavix settlement agreement.