Monthly Archive: August 2007

Debunking the myth that a group of attorneys can never agree on anything, 30 attorneys general recently sent a letter to the administrator of the federal Alcohol and Tobacco Tax and Trade Bureau, requesting that the organization investigate the aggressive marketing campaigns that surround the promotion of new energy drinks that mix caffeine and alcohol …

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Permanent link to this article: http://cobaltlaw.com/attorneys-general-buzzing-over-advertising-of-alcoholic-energy-drinks/

Tiseo Architects, Inc. v. B &B Pools Serv. and Supply Co., No. 06-1819, 2007 U.S. App. LEXIS 17894 (6th Cir., July 20, 2007) This case illustrates the long-standing, but sometimes forgotten, copyright principle: that one must first analyze whether the similarities between defendant’s and plaintiff’s works pertain to original elements of plaintiff’s work. If they …

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Permanent link to this article: http://cobaltlaw.com/a-rooms-a-room-similarities-between-architectural-drawings-not-infringement/

The latest trend in customer loyalty and brand value is the creation of the Limited Edition gift card. Currently, consumers can purchase the gift card for the value of the card. When the value is depleted, the gift card is theirs to keep. The retention by the consumer of the commemorative card is associated with …

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Permanent link to this article: http://cobaltlaw.com/gift-cards-as-collectibles-another-way-texaco-is-driving-business/

Last Wednesday, Johnson & Johnson filed suit against the Red Cross, alleging trademark infringement of J&J’s RED CROSS design by the Red Cross for products licensed by the Red Cross and sold to the public. J&J doesn’t appear to dispute the Red Cross’ use of the mark for disaster preparedness, but claims that its use …

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Permanent link to this article: http://cobaltlaw.com/over-perceived-trademark-infringement/