Tag Archive: Intellectual Properties

The California legislature has been busy, some might say spending California tax dollars on frivolous new laws that are muddied with ambiguity, unnecessarily over-burdensome, potentially violative of the First Amendment, and not likely to amount to significant consumer protection. Two new privacy laws, scheduled to take effect in 2014 and 2015 are likely to pose challenges for website owners, and – for at least one — face challenges in the courts.

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Last week, Abercrombie & Fitch CEO Mike Jeffries admitted he didn’t make A&F clothes in larger sizes. His reasoning: beautiful – read thin – people attract other beautiful people to wear A&F’s clothing; and unattractive – read fat – people detract from his stores. Then came the immediate firestorm of fury on social media sites …

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The TTAB recently released a non-precedential opinion cancelling registration of this mark, and rejecting registrant’s parody defense. Where will this opinion fall in the lineup of parody cases? The opinion arose out of Polo Ralph Lauren Corporation’s cancellation proceeding against Thread Pit, Inc.’s registration of the above-referenced mark in connection with t-shirts and collared polo …

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Elly May is the role played over two hundred and sixty-four times by Donna Douglas in 1960’s series, The Beverly Hillbillies; and, Douglas has sued Mattel in Louisiana for making the “Elly May” doll in the Barbie Doll line. While Mattel claims to have obtained all necessary licenses to make the product under necessary channels, …

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Kenneth M. Stern v. Does, et al., C.D.Ca., No. CV 09-01986 DMG (April, 2011) A single sentence sent to a list serve formed the basis of the copyright infringement action in this case. Specifically, an attorney sent a single sentence seeking information regarding a certified public accounting firm which he suspected had over-billed his client. …

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Product placement and co-branding is normative, but here is a co-branding deal that demonstrates how a weekly drama can be synergistic for a “real life” issue driven campaign. The Tuesday night CBS drama, The Good Wife, is known by some audiences as the strong, long suffering, capable, working, lawyer wife show, with moral ambiguity. This …

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As the two cases below teach … it isn’t enough to assert copyright infringement when only the broadest themes are shared. 1. Estate of Adrian Jacobs v. Scholastic, 10. Civ. 5335, S.D.N.Y. Paul Gregory Allen, Trustee of the Estate of Adrian Jacobs, sued Scholastic, Inc. in the Southern District of New York for copyright Infringement …

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Joe Esposito, who blogs at “Scholarly Kitchen”, has a knack of distilling the influx issues in the tumultuous world of publishing. This most recent blog post is particularly helpful in making sense of the upheaval and seeing some patterns emerge. To quote a bit: “While one would be hard-pressed to find any publisher who does …

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It’s no secret: U.S. and international markets are in deep turmoil. Massive layoffs, historic stock market declines, and institutional failures remind us this no ordinary time. Even while companies look for ways to cut back and streamline institutional costs, now may be the best time to strengthen your intellectual property (IP) portfolio. Although frequently overlooked, …

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