Features
Jason D. Sanders
For the last several sessions, Congress has considered the Design Piracy Prohibition Act, which would expand copyright protection to include the cut and look of fashion designs. This proposed legislation could make many imitative designs illegal and add to the current, although somewhat limited, protections for fashion available under existing U.S. trademark, patent, and copyright laws. This article discusses these currently available protections, provides suggestions for designers for utilizing them, and examines changes to the Copyright Act proposed by the Design Piracy Prohibition Act.
ALM Staff
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Law Journal Newsletters
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Matt Berkowitz
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Hany Rizkalla
Highlights of the latest intellectual property news from around the country.
John M. Cone
Incorporating a disclosure from an earlier document by reference would not appear to be a difficult task, but a recent decision from the Federal Circuit suggests otherwise.
Features
Kyle-Beth Hilfer
In <i>ITC Limited v. Punchgini, et al.,</i> the New York Court of Appeals declined to recognize the 'famous marks' doctrine, but it did confirm the possibility of protection under existing common law theories of misappropriation in certain limited circumstances.
Jonathan Moskin
A biting satire it may not have been, but <i>Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC</i> nonetheless concluded that canine chew toys fashioned after Louis Vuitton handbags were a permitted parody that did not infringe or dilute Louis Vuitton's admittedly well-known marks. Although the decision scratches little new ground in the trademark jurisprudence of parody and infringement, it was a first opportunity for an appellate court to assess parody under the new Trademark Dilution Revision Act.
ALM Staff
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Law Journal Newsletters
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Features
Hany Rizkalla
Highlights of the latest intellectual property news from around the country.
Features
Jane Shay Wald
'Earmark' is a 16th century form of cattle branding. But this case presents a contemporary Congressional earmark that cut out the right of Last Best Beef, LLC to register or enforce its brand.
Features
Jonathan B. Tropp
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Alexander ('Lex') Paulson
This article discusses three recent Federal Circuit rulings that have set important new guidelines for which kinds of licensees will have independent standing to sue infringers, which will be compelled to join their patentees, and which will be left out in the cold.
