The Womp Womp Word

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...

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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...

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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...

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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...

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In Jesus’ Name

Posted by on Apr 9, 2013 in The Womp Womp Word | 0 comments

In 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...

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The 3D Printer is Coming…

Posted by on Mar 28, 2013 in The Womp Womp Word | 0 comments

The 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...

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Apple Nears Settlement in Brazilian iPhone Dispute

Posted by on Mar 12, 2013 in The Womp Womp Word | 0 comments

Apple 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...

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Greek Paddle Manufacturer Prevails on Laches Defense After Four Decades of Infringement in Abraham v. Alpha Chi Omega

Posted by on Mar 1, 2013 in The Womp Womp Word | 0 comments

Greek 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...

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Fighting Back Against Foreign Counterfeiters

Posted by on Nov 13, 2012 in The Womp Womp Word | 0 comments

Fighting 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,...

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YSL Puts an End to Shoe Quarrel

Posted by on Oct 17, 2012 in The Womp Womp Word | 0 comments

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...

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