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Entries tagged “Trademark Law”

Rimon Partner Mark Lee’s article “The European Union’s New Copyright Directive” published in the Daily Journal

Insight Mark S. Lee Mark S. Lee · March 01, 2019
Information wants to be free, but intellectual property wants to be protected. The tension between this durable cliché and fundamental principle has informed much of the political and legal debate surrounding the commercial rise of the internet over the past 25 years. This debate is presently centered in Europe, where the European Union

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Hedge Fund Advertising Law- Fundamentals and New Developments: CLE Video

Insight Mark Diamond Mark Diamond · January 20, 2014

On July 10, the SEC adopted a new rule lifting the ban on general solicitations and advertising for broker-dealers and for hedge fund and private equity fund offerings. This is a significant change from existing law and allows a fund to make its website more accessible to the public, to use social media, and to speak freely at conferences and seminars as well as to the press.

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The LAST BEST PLACE That Doesn’t Need a Trademark Registration

Insight May 21, 2012

Why obey federal trademark law (aka the Lanham Act) when you can just pass a new law that exempts you from it? Montana’s Senators sure are slick and I’m betting the Last Best Beef wishes it had a beef with any other State besides Montana!

Instead of federally registering and enforcing its rights in Montana’s slogan, THE LAST BEST PLACE, in 2005 Montana Senators Conrad Burns and Max Baucus got Congress to pass a law prohibiting the use of “federal funds” for trademark registration of the term during the following fiscal year. Never mind that the USPTO is a fully user-fee funded agency. This provision was included in an appropriations bill to prevent any funds that the government allocates to the PTO — as in all of its user fees — from being used to register THE LAST BEST PLACE.

 

 

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Trolls, Wizards, and the Pitfalls of Patenting

Insight May 08, 2012

Patents are back in the news. In the past few weeks alone, Microsoft bought AOL’s patent portfolio for $1 billion, then resold much of it to Facebook for $550 million. Twitter pledged to use its patents only defensively, and to give its employee-inventors a say in the company’s future patent litigation strategy. Controversial trials, appeals, rulings, and awards continue—prompting the Wall Street Journal to publish Andy Kessler’s call for curtailing the rights of non-practicing entities (NPEs), also known affectionately as “trolls.” 

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Sugar Companies Try to Cane Corn Association

Insight February 09, 2012

This past September I wrote about a lawsuit pitting sugar against corn.  Initially, two sugar manufacturers sued the Corn Refiners Association (CRA) and six high fructose corn syrup (HFCS) manufacturers for false advertising under the Lanham Act, as well as for being in violation of California Business and Professions Code Section 17200 as a result of their corn sugar “re-branding” campaign.  At the time I first wrote about it, the court had just heard motions to dismiss the First Amended Complaint.  Soon thereafter, eight more plaintiffs joined.  I wrote about the case again in mid-November, by which time the court had dismissed the HFCS manufacturers from the case and also had stricken the California state law claim, while allowing the federal false advertising case to continue against CRA.  On November 21, 2011 ten plaintiffs filed their second amended complaint against six defendants:

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Apple’s Continued Attempts to Trademark “App Store” may Fall Short

Insight July 08, 2011

Earlier this year in March, Amazon launched the Amazon Appstore, which was then a new avenue for buying Android apps.  Almost immediately after the launch, Apple proceeded to file a trademark infringement suit against Amazon over the usage of the “Appstore” phrase.  The case is contingent upon whether “app store” can be deemed a generic term that simply describes any app marketplace, as opposed to one of Apple’s trademarks – a unique, company-specific element that identifies the company’s brand and distinguishes its products and services from that of other companies.

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Geek in Trouble — Best Buy Believes Geeks will Get it in Trademark Infringement Dispute with Newegg

Insight June 24, 2011

Being that my brand is BrandGeek®, when I saw the Wall Street Journal headline, “Now That Everyone Wants to Be a Geek, Lawyers Have Been Called,” I thought trouble surely was headed my way.  Thankfully, I’m not pedaling electronics, nor religion via VW Beetle, so it appears I’m safe.  For now.  Imagine the panic when I first saw the headline in an e-mail from my friend Julie Markham at Greenlighted.  I could only imagine tomorrow’s headline, “Trademark Attorney Tried for Infringement,” but I knew I’d done my due diligence, so it had to be something else.

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ICANN Approves Open Season on new gTLDs for 2013

Insight June 23, 2011

On June 20, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a new generic top-level domain (gTLD) program, first introduced in 2008.  The program will greatly increase the number of gTLDs allowed for use on the internet, which is currently limited to 22 (such as .com, .org, and .net). 

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Interpreting the Startup Visa Act

Insight June 22, 2011

On March 14, 2011, Senators John Kerry and Richard Lugar introduced a bill titled the Startup Visa Act of 2011, which is an updated version of a 2010 bill.  If passed, the act would provide temporary work visas to various kinds of foreign workers if certain financial benchmarks are met.

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NAD Teaches TransFair USA to fine tune Fair Trade Seals & Asks Avon to Amend Advertising

Insight June 20, 2011

As discussed in my December 13, 2010 post, the National Advertising Division (NAD) of the Council of Better Business Bureaus (BBBs) offers a streamlined, self-regulatory mechanism for remedying false advertising claims made in nationally distributed advertisements.  While NAD has a 95% success rate, those advertisers who fail to follow NAD’s recommendations may find themselves before the FTC upon NAD’s recommendation.

On February 16, 2011, I reported on NAD’s recommendation that Nano-Tex cease making several (green and other) advertising claims in connection with three of its fabric coating products.  On January 24, 2011, I discussed NAD’s recommendation that Sherwin-Williams modify its no-VOC claims for its HARMONY brand paints.

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