A recent series of arrests in China highlight the difficulties with obtaining trademark “fame” in that country, and the lengths that companies and attorneys may sometimes go to establish that fame. See July 20, 2012 article.
The arrests also
Trademark Licenses in Bankruptcy Proceedings
What would happen if your counterparty to a trademark license entered bankruptcy proceedings?
The question has implications for licensors and licensees alike, and should be a standard consideration when drafting any trademark license.
Recent opinions from several federal appellate courts
Fulbright Hosts Oct. 2 Web Seminar: Crisis Communication Concerning Thorny Legal Problems – Protecting Your Company’s Reputation
As U.S. District Judge Lewis Kaplan has said, “Dealing with the media in a high profile case probably is not a matter for amateurs…”
On Oct. 2, 2012, Fulbright will host a webinar forum with the president of a top
International AntiCounterfeiting Coalition Reaches Chinese Counterfeiting Agreements
In an important development, the International AntiCounterfeiting Coalition (“IACC”) announced that it has reached agreements with two major online platforms in China, Taobao Marketplace and DHgate, to fight online counterfeit goods. The agreements envision cooperation to develop best practices to
Advertising, Websites, and Children’s Privacy
Part of protecting a brand includes compliance efforts for advertising and websites in order to avoid unwanted regulatory attention. On September 6, 2012, the manufacturer of BMX bicycles—USA BMX/BMX Canada—agreed to modify its website in response
6th Circuit Rules Energy Drink Makers Can Take Their Shots With A Jury
Last Thursday, the Sixth Circuit resurrected a trademark infringement claim and a false advertising counterclaim involving the competing “energy shot” vitamin drinks “5-hour ENERGY™” offered by Innovation Ventures, LLC, d/b/a Living Essentials (“LE”) and “6 Hour POWER
Using Design Patents to Bridge the Gap in a Package Redesign
Over at Fast Company’s Co.DESIGN blog, Christine Hall and Dale Doyle of Landor Associates offer some tips on getting the most out of packaging redesign, using their design of the packaging for Kraft Foods’ new MiO liquid water flavor
En Banc Federal Circuit Addresses ‘Joint Infringement’ Standard
On August 31, 2012, the Federal Circuit, sitting en banc, addressed the “problem of divided infringement.” Akamai Techs., Inc. v. Limelight Networks, Inc., No. 2009-1372, slip op. at 10 (“Akamai“).
In granting en banc rehearing in Akamai
Update: Copyright, Right of Publicity and Marilyn Monroe
As readers of this blog have seen, protecting your brand involves tending to a variety of rights. See Einstein, Child . . .and Kardashian. This task can become even more complex if the brand you’re protecting is a celebrity,
UPDATE: KV Cannot Require FDA to Protect the Market Exclusivity of Makena®
As we previously reported, K-V Pharmaceutical and its THER-Rx subsidiary (“KV”) sued the FDA in an effort to compel the agency to enforce KV’s market exclusivity for its drug, Makena®. At the center of the case, was the