The Southern District of New York recently issued an opinion that held the Internet Archive, an organization whose professed mission is to provide universal access to all knowledge, infringed plaintiffs’ copyrights when it scanned print copies of books and offered free digital copies to users of its website without the copyright owners’ permission. » Read More
The New York Times recently reported that Wendy’s is expanding to the Australian market but faces a significant dilemma: a fast-food chain by the same name is already there. It is not the first convenience food restaurant to face this dilemma. » Read More
The U.S. Patent and Trademark Office (USPTO) has suspended action on pending applications for trademarks that are critical of public or government officials. The suspension will remain in effect until the U.S. Supreme Court can weigh in on the issue. The USPTO guidance can be found here. » Read More
Since the explosion of the Metaverse and NFTs, and despite their fizzling, it has been a hotly debated question whether NFTs or other digital objects that bear the trademarks and trade dress linked to real-world objects are infringing. Can anyone make a Porsche sportscar for the Metaverse? » Read More
Business scams such as false invoices, unordered products, and advance-fee fraud are an ongoing problem for companies of almost every size. And now trademark scams, which are particularly dangerous, are on the rise.
The first danger is posed by “trademark agencies” that offer supposedly low-cost trademark services, sometimes as part of branding services. » Read More
The jury verdict in favor of Thom Browne, Inc., for its signature “four bars” design has been widely reported and commented on. But what makes this case so interesting? adidas filed suit against Thom Browne in 2021, claiming the designer’s use of stripes on his casual and athletic wear were infringing adidas’ famous three-stripe trademark, which adidas has used since the 1950s (and on sportswear since 1967). » Read More
Sometimes money alone is not enough to compensate an aggrieved party for certain wrongdoings. In these cases, courts may elect to award injunctive relief, a type of equitable remedy imposed to restrain a party from doing certain acts or to require a party to act in a specific manner. » Read More
Can a whiskey maker stop production of a copycat pet toy marketing itself as dog poo?
What are the First Amendment rights attaching to a parodic use of trade dress? And to what extent does the law allow the owner of a famous trade dress to stop production of a non-competing product that copies that trade dress (that is, the design and labels on a product package)? » Read More
Service of process is required when commencing a civil lawsuit because it informs and notifies a person or entity that it has been named in the lawsuit. If service of process does not take place or is shown to be deficient, the case cannot proceed, because the court will not have personal jurisdiction to enter a judgment against that party. » Read More
For a long time, courts were divided over the importance of securing copyright registration prior to bringing an action claiming that a party infringed (that is, trespassed upon) the owner’s copyright in a creative work (film, tv program, literary work, art, etc.). » Read More
