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|Design Patent Case Digest: Revision Military, Inc. v. Balboa Manufacturing Company|
David K.S. Cornwell, Tracy-Gene G. Durkin; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
December 20, 2011, previously published on December 20, 2011Opinion: Plaintiff Revision Military, Inc. sued Balboa Manufacturing Company for infringement of U.S. Design Patents D537,098 and D620,039, entitled “protective goggles” and “goggles,” respectively. Revision makes military-style, protective goggles called Bullet Ant goggles....
|Copyright Misuse is Not in Style|
Rachel Rudensky; Akerman Senterfitt;
December 6, 2011, previously published on December 2, 2011Attorneys who represent clients in the fashion industry should note a potentially important new defense to Copyright infringement: "copyright misuse." A case that started in the California federal district court, wound its way up through appeal and certiorari to the United States Supreme...
|Second Circuit Rules That Presenting Covenant Not To Sue Eliminates Subject Matter Jurisdiction Over Declaratory Judgment Action For Non-Infringement And Cancellation Of Trademark Registration|
Phillip Barengolts; Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP;
November 16, 2011, previously published on November 14, 2011Nike sued Yums for infringement of Nike’s registered trade dress in the Air Force 1 shoe. Yums counterclaimed for a ruling that the claimed dress “is not a valid trademark,” a declaration of noninfringement, and cancellation of Nike’s registration. Nike then provided Yums a...
|Textile Outer Sole Footwear: New Rules and Duty Rates Effective December 3, 2011|
Robert D. Stang; Greenberg Traurig, LLP;
November 8, 2011, previously published on November 4, 2011The tariff classification of footwear with a textile outer sole has been a highly contentious issue since such footwear may be subject to duty rates approximately 25% - 35% lower than equivalent footwear with a rubber or plastic outer sole.
|Panties in a Twist|
Lisa Y. Wang, Lisa Y. Wang; Greenberg Glusker Fields Claman & Machtinger LLP;
November 3, 2011, previously published on October 27, 2011Sometimes mistakes are made by accident. Sometimes mistakes are made on purpose (which, I guess, makes them not really mistakes). And sometimes, mistakes are made by, um, stupidity. File this one under stupid.
|Giant Logo Dispute|
Nyemaster Goode P.C.;
October 18, 2011, previously published on October 14, 2011The San Francisco Giants baseball team is being sued by Gogo Sports due to the use of the term “San Francisco” in an eerily similar script.
|The Law of Ideas 101: Court Rules Disposable Diaper Case Stinks and Needs To Be Tossed|
Dan Nabel; Greenberg Glusker Fields Claman & Machtinger LLP;
October 5, 2011, previously published on September 30, 2011Last Friday, a federal district court in Michigan dismissed the complaint of Richard Pollick, the alleged creator of “diaper jeans,” i.e., disposable baby diapers designed to look like jeans (truly, an invention on par with the piano key neck tie). Pollick registered a copyright for his...
|Louboutin Gets the Boot: S.D.N.Y. Judge Denies Motion for Preliminary Injunction in Trademark Dispute Over Signature Red Soles|
Marcella Ballard, Victoria R. Danta; Venable LLP;
September 9, 2011, previously published on September 7, 2011Designer Christian Louboutin got the idea for his iconic, red-soled shoes when, believing that a pair of sky-high black pumps “lacked energy,” he applied red nail polish to the bottom. The overall effect was considered such a success that the shiny, red-lacquered sole became a permanent...
|Dressing for Success: Congress's Latest Fashion Bill|
Elissa Brockbank Reese; Venable LLP;
September 9, 2011, previously published on September 7, 2011On July 13, 2011, the so-called Fashion Bill was reintroduced into Congress, carrying the same name as its previous iterations, the “Innovative Design Protection and Piracy Prevention Act,” H.R. 2511 (“IDPPPA”). This is Congress’s most recent version of the Fashion...
|Apparently, These Red-Soled Shoes Are Only Made for Walking, Not for Protecting|
Farah P. Bhatti, Jessie K. Reider; Buchalter Nemer A Professional Corporation;
August 25, 2011, previously published on August 2011Last week, the United States District Court for the Southern District of New York denied Christian Louboutin S.A. et al’s (“Louboutin”) request for a preliminary injunction against Yves Saint Laurent, America, Inc. et al (“YSL”). On Friday, August 12, 2011, Louboutin...