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...
read moreIn Jesus’ Name
The Italian apparel company that registered “Jesus” trademark goes after infringers Back in 2007, an Italian clothing company, Jesus Jeans, registered the word “Jesus” with the U.S. Patent and Trademark Office, giving it exclusive rights to the name. Since then, the apparel line has gone after at least a dozen other clothing companies—mostly tiny, independent lines—that use the word “Jesus” without Jesus Jeans’ blessing. The latest company under attack is Jesus Surfed, a clothing line by Michael Julius Anton inspired...
read moreThe 3D Printer is Coming…
In light of the upcoming Season 3 premiere of the HBO series Game of Thrones, we thought there was no better way to introduce the copyright law implications of 3D printing than with two recent examples of 3D printed objects inspired by the popular show. Loyal fans of the show will already know that the Iron Throne, the much sought after seat of power in the show, is a centerpiece of the series’ plot, as is the city of Winterfell, where much of the show takes place. Much like the imminent dangers beyond the Wall, it seems like the...
read moreApple Nears Settlement in Brazilian iPhone Dispute
According to Brazil’s largest daily newspaper, Folha de São Paulo (via Forbes), Apple and Brazilian company IGB Electronica are close to reaching a settlement agreement over the iPhone trademark in Brazil. Gradiente Electronica, an electronics brand owned by IGB, filed a trademark application for “iPhone” with the Brazilian Industrial Property Institute (INPI) in 2000, seven years before Apple launched its iPhone. In January 2008, the Brazilian company was granted exclusive trademark rights until 2018, as long as it produced a product...
read moreGreek Paddle Manufacturer Prevails on Laches Defense After Four Decades of Infringement in Abraham v. Alpha Chi Omega
What happens when a trademark owner waits over 30 years to enforce its trademark? The Fifth Circuit recently addressed this question in an opinion regarding a dispute between a maker of decorative sorority and fraternity paddles and several Greek organizations. Thomas Kenneth Abraham has been designing, marketing and selling his products—long, wooden paddles decorated with Greek letters and insignia—since he founded his company, Paddle Tramps Manufacturing Co., in 1961. Abraham originally marketed his products directly to sororities...
read moreFighting Back Against Foreign Counterfeiters
Big brands win big battles this week in the ongoing war against counterfeit goods as Coach Inc. and Tory Burch LLC steamroll websites selling fake products. The iconic fashion designers separately went head to head with hundreds of domain owners allegedly infringing their trademarks and facilitating the sale of counterfeit goods. In addition to the Court granting a permanent injunction, Coach received an order transferring ownership of 573 domain names to its company and was awarded over $257 million in statutory damages. Around the same time,...
read moreYSL Puts an End to Shoe Quarrel
Yves Saint Lauren SAS is throwing in the towel, or shoe technically speaking, and relinquishing its counterclaims against rival Christian Louboutin. After the Second Circuit held that YSL’s monochromatic red shoe did not infringe Louboutin’s trademark, only YSL’s counterclaims remained in the case. A total of six, the counterclaims sought cancellation of some Louboutin marks and damages stemming from YSL retailers being forced to return numerous red-soled shoes. As to YSL’s reasons for seeking dismissal of the case, it said it wants to...
read moreCadbury protects the Color Purple
Only a month after a United States Court of Appeals issued the emphatic opinion in Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., No.11-3303-cv (2d Cir. September 5, 2012) preserving a place for single colors in the world of trademarks, Europe weighs in similarly on the issue. Dismissing an appeal for Nestle, the world’s biggest food company, a London judge found that the color purple is distinctive for Cadbury Dairy Milk bars and deserves to be registered as a trademark. The dispute between the chocolate giants dates...
read more2nd Circuit – A Different Color on High Fashion Trademarks
The highly anticipated ruling involving high-fashion shoe designer Christian Louboutin came yesterday from the Second Circuit. Reversing in part, the appeals court ruled that a single color could in fact serve as a trademark in the fashion industry- Louboutin’s contrasting red sole among them. This ruling is consistent with the Supreme Court’s decision in Qualitex v. Jacobson, eradicating the district court’s theory that when it came to clothing, color is functional and inappropriate for trademarks. However, the case was not an outright...
read moreApple’s Big Win
On August 24, nine jurors awarded Apple Inc. more than $1 billion in damages against Samsung Electronics Co. in connection with the complex and high-stakes patent dispute. The jury found that Samsung infringed six of Apple’s patents at issue, including three covering the shape of the iPhone and on-screen icons. Moreover, the jury determined that all seven of Apple’s patents were valid and that Apple did not violate any of the patents asserted by Samsung. The only patent the jury found Samsung didn’t infringe relates to design of...
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