Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Roll of the Dice for International Trademark Owners
As international businesses seek to expand across borders, including by availing themselves of legal tools (such as the Madrid Protocol) to register in the United States trademarks developed abroad, there is surprisingly little guidance as to what enforceable rights under U.S. law actually result from this process. However, as shown by the recent decision, In re Casino de Monaco Trademark Litigation, 07 Civ. 4802 DAB, 2010 U.S. Dist. LEXIS 33950 (S.D.N.Y. March 31, 2010), even well-established foreign companies can encounter difficulties enforcing rights not grounded in traditional U.S. trademark law principles of use in commerce.
There are perhaps few casino operators of longer standing than Societe de Bains de Mer et du Cercle des Etrangers a Monaco, (“SBM”) owner of the Casino de Monte Carlo (dating to 1866). However, in In re Casino de Monaco Trademark Litigation, the U.S. District Court for the Southern District of New York concluded that SBM possesses no rights in the United States in its registered trademark “Casino de Monaco” and placed in doubt what rights, if any, it might have in the United States in the name “Casino de Monte Carlo.” The court thus: 1) granted summary judgment dismissing SBM's claim for trademark infringement arising from defendant PlayShare's use of the name “Grand Monaco Casino” (subsequently renamed “Grand Mondial Casino”) for its online casino; 2) canceled SBM's registration for the trademark “Casino de Monaco,” and 3) without finally deciding the matter, held it unlikely that SBM could prove ownership in the United States of enforceable rights in the trademark “Casino de Monte Carlo.”
Use in Commerce
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.