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Google Wins in Court: Mass Digitization of Books is not Copyright Infringement

Posted by on Nov 21, 2013 in The Womp Womp Word | 0 comments

Google Wins in Court: Mass Digitization of Books is not Copyright Infringement

The Dewey decimal system may soon be obsolete. With a few clicks, Google’s expansive digital library is available with an Internet connection. Google Books has scanned over 20 million books and magazines for public access and has consequently been battling an 8-year lawsuit against The Authors Guild. Users can search and read literary works from Dr. Seuss’s The Cat in the Hat to Dante’s Inferno. This presents the fundamental tension between IP rights holders and consumers. Under copyright law, authors are granted exclusive rights to their literary works for life plus 70 years. Such...

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A Cannabis Trademark High: How Legalization may Affect Trademark Protection.

Posted by on Sep 3, 2013 in The Womp Womp Word | 0 comments

A Cannabis Trademark High: How Legalization may Affect Trademark Protection.

Medicinal marijuana has everyone seeing green.  The current legalization in 20 states and Washington D.C. indicates that when the smoke clears, pot legislation will still be standing.  With competition growing (literally!) and investments in the cannabis business rising, protecting trademarks will become an inevitable economic necessity.  The USPTO may refuse the registration of a federal trademark if the mark consists of immoral or scandalous matter (also known as a § 2(a) refusal). Trademark law demonstrates that illicit activities and drug-use are presumed immoral and scandalous....

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CHEMIN DES PAPES Not Confusable with CHATEAUNEUF-DU-PAPE CONTROLE for Wine, Says TTAB

Posted by on Jun 30, 2013 in The Womp Womp Word | 0 comments

In the case of Syndicat Des Proprietaires Viticulteurs De Chateauneuf-Du-Pape v. Pasquier DesVignes, the TTAB determined there to be no likelihood of confusion between the opposer’s registered mark CHATEAUNEUF-DU-PAPE CONTROLE for “wines” and the applicant’s mark CHEMIN DES PAPES for “wines, sparkling wines.”   The Board noted that although there are similarities in the goods, trade channels, and classes of consumers, the first du Pont factor simply outweighed the other factors.    Though the Board dismissed the opposition with respect to “wines, sparkling wines,” it...

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Friedland Vining Founding Partner Jaime Vining Quoted in Miami Herald

Posted by on May 9, 2013 in Friedland Vining News | 0 comments

In a recent Miami Herald Article, Friedland Vining founding partner and University of Miami Intellectual Property professor Jaime Vining was quoted in regards to Miami-Dade public schools’ recent move to enforce local school logo licensing and trademarks. The money in high school sports is prompting schools and school boards across the country to trademark their brands, said Jaime Rich Vining, an attorney who teaches trademark law as a University of Miami adjunct professor.   She said going after pirate manufacturers and distributors may not be simple, because vendors who have...

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Self-storage operator partners with the City of New York to combat counterfeiting

Posted by on Apr 24, 2013 in The Womp Womp Word | 0 comments

Self-storage operator partners with the City of New York to combat counterfeiting

You may recall that last summer, after a month-long investigation, City of New York officials seized approximately 44,000 counterfeit and unlicensed DVDs and CDs with an estimated value of over $550,000 from a self-storage facility in Brooklyn. The seizure was part of the Office of Special Enforcement’s ongoing efforts to combat counterfeiting. According to the Brooklyn Daily Eagle, the Office also filed a lawsuit seeking a temporary closing and restraining order—the first in city history against storage facilities.   Now, through an agreement with the City, Safeguard—the owners of...

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