JA Apparel v. Abboud
March 29, 2010
Cases involving family name disputes have historically presented challenges for courts, as they frequently require balancing competing interests of businesses and individuals. A particularly interesting permutation of such disputes involves well-known individuals who convey certain rights in their family name in a particular field to a third party and then later seek to re-enter the same field. A trio of recent decisions on this subject features the famous clothing designer, Joseph Abboud.
IP News
February 24, 2010
Highlights of the latest intellectual property news from around the country.
The Uncertainty of Patent Pleadings After Iqbal
February 24, 2010
The Supreme Court's recent Twombly and Iqbal decisions have placed in question the validity of Form 18 by reinterpreting the mandated minimal pleading standards required by Fed. R. Civ. P. 8. An additional question has arisen as to whether the protection afforded by Form 18 is equally applicable to claims of indirect infringement or infringement under the doctrine of equivalents.
Trademark Dilution: When 'Minimally Similar' May Be Similar Enough
February 24, 2010
In <i>Starbucks Corp. v. Wolfe's Borough Coffee, Inc.</i>, the Second Circuit rejected the district court's determination — based on pre-TDRA case law — that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could, in the proper case, suffice to support a claim.
IP News
January 29, 2010
Highlights of the latest intellectual property news from around the country.
Guidelines for Starting an IP Practice in China
January 29, 2010
As more multinational companies turn their attention to, sell products to and open offices in China, intellectual property work will continue to skyrocket. How are international law firms responding? What are the barriers, if any, to entry? What are the best ways to set up an IP practice in China? This article answers those questions and provides a basic roadmap if you are contemplating entering this market.
Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after <i>Bose</i>
January 29, 2010
In <i>Enbridge Inc. v. Excelerate Energy Ltd. Partnership</i>, TTAB issued its first precedential ruling following the Federal Circuit's Bose decision on fraud, <i>In re Bose Corp.</i> <i>Bose</i> reversed a TTAB decision, finding that a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO.
The Treatment of Intellectual Property Under Bankruptcy Law
January 26, 2010
As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.
