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Law Blog
Copyright Protection for Recipes – Restaurateur Denied Copyright Protection Denied – A federal court ruled that an Ohio restaurateur’s recipes were not protectable under copyright laws. The court issued its ruling earlier this year on a motion for summary judgment, and the plaintiff has since filed her notice of appeal. (Read the full opinion here.)...
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TTAB Decisions Have Preclusive Effect on Later Litigation TTAB Decisions – In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing...
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Oprah Wins Round Two – Trademark Infringement Case Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over the phrase “Own Your Power.” Kelly-Brown and her company, Own Your Power Communications, claimed Winfrey, and other named Defendants infringed on her trademark under both federal and state laws, and included...
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Graffiti Artists Copyright Infringement Case Moves Forward Graffiti Artists Copyright Infringement Case – Italian fashion house Roberto Cavalli will be heading to court after a federal judge overruled its motion to dismiss a copyright infringement case against it earlier this month. (Read the full memorandum here) The clothing and accessories company was sued by three...
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SCOTUS Ushers in New Year with Trademark Ruling Trademark Ruling – With the New Year comes new decisions being handed down by the Supreme Court, and there have already been a handful related to intellectual property. You may remember our earlier case preview for Hana Financial v. Hana Bank in which the Supreme Court would...
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Decreased Filing Fees & Increased Efficiency Promises USPTO Decreased Filing Fees – In what should come as great news to attorneys and their clients, the United States Patent and Trademark Office (USPTO) has amended several regulations that will increase electronic processing of trademark applications while reducing application fees. To achieve this, the USPTO will offer...
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Grooveshark Loses Copyright Infringement Case to Record Label Giants Grooveshark Loses Copyright Infringement Case – Grooveshark became yet another file sharing website to face defeat against the recording industry for copyright infringement. It came shortly after Sirius XM Radio, Inc. lost to a 1960s band for its infringement of its music. (Read the full opinion here)...
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Sherlock Holmes Copyrights
Sherlock Holmes Copyrights Sherlock Holmes Copyrights – The Supreme Court declined to hear a case involving Sherlock Holmes copyrights, leaving almost all of the late author’s work within the public domain, i.e. they no longer have copyright protection. The case involved the Estate of Sir Arthur Conan Doyle, who originally created the famed characters, and...
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Pizzeria Makes its Case for Trademarking Food
Trademarking Food – Pizzeria Makes Case Pizzeria Makes its Case for Trademarking Food – A federal court in Texas ruled that flavors of a pizza chain’s food and its plating techniques lacked trademark and trade dress protection. The pizza chain, New York Pizzeria, Inc. (NYPI) alleged that Ryandir Syal, a restaurateur, along with other defendants,...
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uhaul vs pods
What began as a trademark infringement case, developed into a battle of possible “genericide” when two popular moving and storage companies went head-to-head in federal court. Back in 2012, PODS sued U-Haul for trademark infringement for its use of “pods” under both state and federal laws. U-Haul countered that it was not infringement, because pods...
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