Joel B. Rothman
The Florida Supreme Court recently ruled that false light invasion of privacy is not a valid cause of action in Florida, opting instead for a new claim titled "defamation by implication."
ALM Staff
&
Law Journal Newsletters
&
…
ALM Staff
&
Law Journal Newsletters
&
Who's doing what; who's going where.
Jeffrey S. Ginsberg
&
Matthew Berkowitz
Highlights of the latest intellectual property news from around the country.
Features
Kyle-Beth Hilfer
The TTAB has opined on the meaning of a bona fide intent to use a trademark in connection with a Section 1b intent to use trademark application. None of these opinions, however, has delineated a clear bright-line test defining bona fide intent to use. In April 2009, the TTAB, ruling in <i>Honda Motor Co., Ltd. v. Friedrich Winkelmann,</i> established the meaning in the context of a trademark application based on foreign registration rights under Section 44, rather than on use in interstate U.S. commerce.
Zachary Silbersher
To what extent does re-examination equip an infringer who loses in court with the additional opportunity, aside from an appeal, to escape liability?
Features
Robert N. Potter
&
W. Andrew Pequignot
The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
ALM Staff
&
Law Journal Newsletters
&
…
Features
Howard Shire, Matthew Berkowitz
&
Edward Platt
Highlights of the latest intellectual property news from around the country.
Richard D. Milone
&
and John W. McGuinness
This article provides an overview of case law holding that insurance companies are obligated to provide coverage for trademark claims under advertising injury coverage, even when the word "trademark" does not appear anywhere in the policy. Further, it discusses rulings on the prior publication exclusion, which insurers frequently assert applies to advertising injury in the trademark infringement context.
