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Judge In New Mexico Issues Temporary Restraining Order Against Research In...
by Phillip Barengolts, Trademark Attorney Research In Motion (RIM) planned to introduce its newest mobile platform at the BLACKBERRY developers’ conference (DevCon) in Singapore. It was going to call...
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Using An Employee’s Personal Social Media Accounts Without Her Authorization...
by Phillip Barengolts, Trademark Attorney We’ve all been taught that our work e-mail and social media accounts are owned by our employers, so watch what you say and realize that you have no expectation...
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Sky Diving for Dollars: Ninth Circuit Upholds Jury’s $6 Million Award to...
by Phillip Barengolts, Trademark Attorney Skydive Arizona sued a group of defendants, collectively called “Skyride” by the court, for trademark infringement, false advertising, and cybersquatting. At...
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Fourth Circuit Overturns Laches Defense Victory for Clear Channel
by Phillip Barengolts, Trademark Attorney Trademark owners have a duty to police their rights or risk erosion or even loss of those rights. This duty does not extend to every known infringement, but...
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When Does the First Amendment Trump Trademark Law? 11th Circuit Adopts Rogers...
By Janet Marvel, Partner In 1989, the Second Circuit adopted a balancing test to weigh the value of an artist’s First Amendment rights against the value of trademarks depicted in the artist’s work....
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Flea Market Operator Hit for Over $5 Million for Permitting Sale of...
By Janet Marvel, Partner The Sixth Circuit, in a case of first impression, held that a flea market operator can be contributorily liable for counterfeiting carried on by vendors renting stalls at his...
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Supreme Court Permits Competitor False Advertising Suits to Proceed Under...
by Phillip Barengolts, Partner Today, the Supreme Court provided competitors with a powerful new tool to combat potentially false and misleading statements on food and beverage labels, or any other FDA...
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Aereo’s Internet-Based Television Streaming Services May Be Wizardry, But the...
by Jessica Ekhoff, Associate Describing its Internet-based television streaming services, tech start-up Aereo proclaims, “It’s not magic. It’s wizardry.”[1] In yesterday’s 6-3 decision the Supreme...
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Supreme Court Finds Tacking to Be an Issue of Fact
by Jason Koransky, Associate The doctrine of “tacking” deals with priority in trademark law. A trademark owner “tacks on” its period of using an earlier version of its mark to the time it has been...
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‘Blurred Lines’ Verdict Creates Unpredictable Music Copyright Landscape
by Jason Koransky, Associate The recent verdict that Robin Thicke and Pharrell Williams’ hit “Blurred Lines” infringed the copyright to the late Motown legend Marvin Gaye’s composition “Got To Give It...
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