In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the original trademark. The key to allowing the modification without abandonment or loss of priority is continuity. In other words, the mark must retain a common element that symbolizes a continuing commercial impression.
David Weslow, a Partner and Attorney at Wiley Ryan who specializes in domain name and intellectual property law, sits down with Michael Cyger at DomainSherpa to discuss the risks of registering trademark-infringing domains.
With ICANN refusing to suspend new gTLD registries with piracy issues in their domain, a fight has broken out between domain companies and intellectual property interests and a solution seems hard to find.
Many people may confuse a trademark and a copyright. A trademark is generally a word, phrase, symbol or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.On the other hand, a copyright is the limited period of exclusive rights to copy, license, or otherwise exploit fixed literary or artistic expression.
By Breanna Pendilton | amdlawgroup.com
As mentioned in a previous blog, British luxury shirt retailer Thomas Pink filed an infringement action about a year ago against Victoria’s Secret with a court in London, alleging that the Victoria’s Secret PINK line confuses customers by marketing and selling products under the label “PINK” which is also a name under the Thomas Pink brand. Well, the verdict (or should I say “the secret”) is out! Judge Colin Birss ruled against Victoria Secrets saying that customers in Europe might associate the traditional shirt maker with underwear. But is it not this difference (the distinction between shirts and underwear), which should warrant the opposite verdict?
A growing number of shoppers are being tricked into purchasing counterfeit designer goods. Counterfeiters often use websites to mislead shoppers. Reports estimate that counterfeit websites receive more than 53 million visits per year.
A major requirement for patentability is non-obviousness. However, tests for obviousness have changed as of recently. Through discussion of the Supreme Court case, MacDermaid v. DuPont, this article seeks to shed a light on obviousness and its effect on pharmaceutical patents.
By Diana Chan | amdlawgroup.com
Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million. In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $500, while the retail price of genuine models range from $2,000 to $54,000.
Miami artist David Anasagasti (or “Ahol” as most people call him) has recently filed copyright infringement against clothing retailer American Eagle Outfitters. No, they did not steal his clothing designs or illegally use his music in their stores or advertisements (which would be the normal copyright infringement claim against a retail store).
By Breanna Pendilton | amdlawgroup.com
“Mic check, 1..2..1..2!” With the summer time here and the fall vastly approaching, we find ourselves in the season of parties: wedding parties, graduation parties, and soon, back-to-school parties. And with parties, come people, music, and DJs. While these three things are normal for every party, these three things can also put you at risk for violation of a federal copyright law. (Ask yourself, “Is the roof really on fire?’)
With GOP nominee Donald Trump’s recent antics and remarks, it does not come as a shock that Queen is less than pleased and trying to fight back against Trump’s use of the band’s famous hit “We Are the Champions.”
In 2005, LVMH, a conglomerate that owns Louis Vuitton, Céline, Marc Jacobs, Möet & Chandon, Dom Pérignon, and several other luxury brands, brought an action in French court against Google for trademark infringement. Now, after a 10-year legal dispute, LVMH and Google have come to a settlement agreement and have decided to join together to fight the advertising and promotion of counterfeit products.
Rod Stewart was recently sued by former photographer, Bonnie Schiffman, for injunctive relief and compensatory and punitive damages of at least $2.5 million. The complaint hinges on the allegation that Stewart has misused a photograph originally taken for the cover of his 1989 Greatest Hits album, Storyteller.
Last month, small Atlanta-based shoe designer, Antonio Brown, sued big time company, Louis Vuitton, for trademark infringement. Since the earlier months of 2013, Brown’s sneaker collection has been known for its distinctive metal plate placed across the toe box of its shoes. In February of this year, Louis Vuitton’s new “On the Road” collection made its debut with an all too familiar metal plate, placed right across the toe of the shoe.
Missoula small business and the giant soft drink company in the middle of a trademark battle regarding their energy drinks products. The Missoula is accused by the Monster energy drink company of trademark infringement. Monster sent on September 10, according to the court document, a letter demanding Victory to stop selling its products disclose Victory’s sales of all products bearing the disputed logo, and pay for attorney’s fees incurred, among other stipulations.