In April 2012, the U.S. Court of Appeals for the Fourth Circuit decided the keyword advertising case Rosetta Stone Ltd. v. Google Inc. 676 F.3d. 144 (4th Cir., April 9, 2012). The plaintiff-appellant, Rosetta Stone, appealed from a judgment of the U.S. District Court for the Eastern District of Virginia. In its opinion, the Fourth [...]
On December 21, 2012, the U.S. Court of Appeals for the Federal Circuit issued its decision in Stephen Slesinger, Inc. v. Disney Enterprises, Inc., __ F.3d __ (Fed. Cir. 2013). In the opinion, the Federal Circuit affirmed the U.S. Trademark Trial and Appeal Board’s (“TTAB”) ruling that the appellant’s cancellation action was barred, by collateral estoppel, due [...]
On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc. In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s [...]
On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an intent-to-use [...]
Background A trademark can be many things — even sounds or smells. By definition, a trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identify and distinguishes the source of the goods or services of one party from those of others. It is obviously important to consider [...]
U.S. Court of Appeals for the Third Circuit Decides Right of Publicity Outweighs First Amendment in NCAA Football Video Games
U.S. District Court for the Southern District of NY Denies Class Certification in YouTube Copyright Case
U.S. Supreme Court Will Review Burden of Proof in Declaratory Judgment Cases When Infringement Counterclaim is Barred
