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Trademark Litigation

Trademark Litigation

WHEN UNPROTECTED ELEMENTS IN TRADEMARKS AND COPYRIGHTS GET YOU IN HOT WATER

Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of rights? A common and growing occurrence comes when one takes an attribute of a famous athlete (like a number), puts it with that athlete’s team color scheme, and the next thing you […]

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Second Circuit Clarifies Polo Trademark Injunction

The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the Ralph Lauren trademark.l

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Oprah Wins Round Two Trademark Infringement Case

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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Trademarking Food – Pizzeria Makes Case

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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What Would Jesus Do – TTAB Decides Trademark Battle

What Would Jesus Do – TTAB Decides Trademark Battle What Would Jesus Do – After a six-year legal battle, Tyler Perry has officially won the trademark rights to “What Would Jesus Do.” Kimberly Kearney, a reality TV star, originally registered the mark in 2007 intending to use it for a reality show of her own. […]

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Contributory Cybersquatting

Contributory Cybersquatting Contributory Cybersquatting – Does the Anticybersquatting Consumer Protection Act (ACPA) provide a basis of liability for a domain name registration service if one of its registrants is guilty of cybersquatting?  The United States Court of Appeals for the Ninth Circuit upheld the district court’s opinion that the ACPA does not provide for so-called […]

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Nominative Fair Use – Swarovski Aktiengesellschaft v. Building No. 19

Swarovski Aktiengesellschaft v. Building No. 19 – Nominative Fair Use Nominative Fair Use – This case highlighted the fact that trademark law is constantly evolving – the major issue was so-called “nominative” use of a trademark, i.e., use of a trademark to refer to the trademark holder’s own goods in an advertisement by a seller […]

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Trade Dress – Does it Have to Have Secondary Meaning?

Trade Dress – Does it Have to Have Secondary Meaning? In a previous post we’ve touched on the idea of trade dress – the packaging of a product, and its “look and feel.”  The configuration of the product itself, such as the shape of a bottle, may also be considered trade dress.  Trade dress is protectable […]

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Titles of Artistic Works – Implications of Dastar

Titles of Artistic Works – Implications of Dastar Artistic Works – The United States Court of Appeals for the 7th Circuit recently decided the case of Eastland Music Group v. Lionsgate Entertainment.  This action for trademark infringement, and the court’s subsequent analysis helped settle an issue long weighed by courts and commentators – to what extent […]

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Preliminary Injunctions – Trademark Infringement

Preliminary Injunctions for Trademark Infringement Preliminary Injunctions – When you accuse someone of infringing your valuable trademark, what actually happens?  In American Rena International Corp v. Sis-Joyce International the United States Court of Appeals for the Ninth Circuit issued a ruling that very clearly articulated the standards for what is known as preliminary injunctions. Preliminary Injunctions, Generally […]

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Contact Orange County Trademark & Copyright & Business Attorney | IP Litigation Lawyer

Anthony Cartee, Esq.

714-942-2225

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Serving Orange County, CA

Orange County Office:
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333 City Blvd W 17th Floor
Orange, CA 92868
714-942-2225