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HTML4th Circuit Upholds Convictions of Trademark Infringers for Combining Two Separate “Burberry” Marks on Bogus Luxury Goods
John Staige Davis; Williams Mullen;
Legal Alert/Article
April 24, 2012, previously published on April 20, 2012
Can a would-be trademark-infringer evade the trademark laws by superimposing facsimiles of two different trademarks of the same company into a single combined image, and maintaining that the combined image is legally distinguishable from the true ones? The answer, thankfully, is no.


HTMLThe National Football League Decides to "Just Do It"
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 12, 2012, previously published on April 9, 2012
Though the news of Nike's exclusive deal with the NFL broke some time ago, the agreement will officially go into full effect this month and the look of Monday Night Football is about to change. Replacing adidas, this will be the first time that Nike, who was a NFL supplier in the mid-nineties and...


HTMLLouis Vuitton Achieves Genuine Victory over Flea Market's Phony Sales
Tyler E. Baker; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 28, 2012, previously published on March 26, 2012
Luxury brand titan Louis Vuitton recently achieved a significant victory over counterfeiting of its designer products. In an action brought in the U.S. District Court for the Western District of Texas, Louis Vuitton sued the Eisenhauer Road Flea Market, its owner, Bruce L. Gore, and its manager,...


HTMLLouboutin's Challenge: Can One Fashion Designer ‘Sole-Ly’ Trademark A Color For Well-Heeled Shoes?
Vanessa A. Ignacio, Lawrence A. Weinstein; Lowenstein Sandler LLP;
Legal Alert/Article
March 23, 2012, previously published on March 2012
The exclusive claim of a single color as a trademark is one of the more controversial areas of trademark law. The debate surrounding when it is appropriate to allow one entity exclusive rights to a single color in connection with a particular product or service is not entirely new. In 1995, the...


HTMLALJ Bullock Issues Public Version Of Initial Determination Finding Violation Of Section 337 In Certain Handbags And Luggage (337-TA-754)
Alexander E. Gasser; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
March 22, 2012, previously published on March 20, 2012
On March 13, 2012, Chief ALJ Charles E. Bullock issued the public version of Order No. 16 (dated March 5, 2012) in Certain Handbags, Luggage, Accessories and Packaging Thereof (Inv. No. 337-TA-754). In the Order, ALJ Bullock granted a motion for summary determination filed by Complainants Louis...


HTMLIFRA Regulations Bring About a Change of Scent
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
March 21, 2012, previously published on March 20, 2012
We all remember the sweet scent of our first perfume and only need a simple whiff to propel us back to our youth. Studies show that scent memory is the longest lasting of all of our five senses, meaning you will always be able to instantly recognize the scent your grandmother wore when you were a...


HTMLMerchants Beware: Heed This Warning Before Printing Your Next Customer Receipt
Seth L. Laver, Thomas J. O'Grady; Goldberg Segalla LLP;
Legal Alert/Article
March 1, 2012, previously published on February 24, 2012
In a decision impacting all merchants and retailers, the U.S. Court of Appeals for the Third Circuit recently held that printing any portion of the expiration date of a customer’s credit or debit card on an electronically printed customer receipt constituted a violation of the Fair and...


HTMLFashion Designers: Legally Naked?
Tyler E. Baker, Christine Steiner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2012, previously published on February 10, 2012
With New York's Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers. No one would seriously question the great artistic talents of many designers. Their imaginative,...


Adobe PDFNaked Licensing: Not As Rare As One May Think
IP Business Law Inc.;
Legal Alert/Article
January 31, 2012, previously published by Los Angeles Daily Journal
When there is a license without quality control in terms and conduct, it is a naked license. The licensor can lose its trademark rights if it has granted a naked license. Naked licenses are not as rare as they seem. For example, the parties may lose sight of quality control in complex and...


HTMLLouis Vuitton Sets A New Standard In Federal Trademark And Copyright Law
Alona Metz; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 26, 2012, previously published on January 17, 2012
In the recent landmark case of Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 658 F.3d 936 (9th Cir. 2011), the Court of Appeals for the Ninth Circuit held that a web-hosting company that owned and operated servers was liable for contributory copyright and trademark infringement when it...


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