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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...


Adobe PDFCoach Creates a Path for Other U.S. Companies to List in Hong Kong
Valerie Ford Jacob, Victoria S.T. Lloyd, Joshua Wechsler, Guangqin Wei; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
January 16, 2012, previously published on January 10, 2012
Fried Frank advised leading accessories brand Coach in connection with its December 1st listing of Hong Kong depositary receipts (HDRs) representing Coach common stock on the Hong Kong Stock Exchange. The listing makes Coach the first company incorporated in the United States to list in Hong Kong....


Adobe PDFAttention: Retailers, Manufacturers and Importers of Wearing Apparel!
Jeffrey H. Kapor, Tanya Viner; Buchalter Nemer A Professional Corporation;
Legal Alert/Article
December 29, 2011, previously published on December 27, 2011
Beginning January 1, 2012, the California Transparency in Supply Chains Act of 2010, or “S.B. 657,” will require retail sellers and manufacturers “doing business” in California to post certain disclosures on their websites. The legislation seeks to improve human rights...


Adobe PDFStylish Baby Bottoms: Kimberly-Clark Wins Copyright Battle Over Diaper Jeans
Phillip Barengolts; Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP;
Legal Alert/Article
December 29, 2011, previously published on December 27, 2011
As the father of two little boys, I’ve changed thousands of diapers in the last three years, but never diaper jeans. Apparently, I’m missing out. The owner of a copyright in certain diaper jeans sued Kimberly-Clark, which sold jean diapers. Kimberly-Clark moved to dismiss the claims...


Adobe PDFDesign 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.;
Legal Alert/Article
December 20, 2011, previously published on December 20, 2011
Opinion: 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....


HTMLCopyright Misuse is Not in Style
Rachel Rudensky; Akerman Senterfitt;
Legal Alert/Article
December 6, 2011, previously published on December 2, 2011
Attorneys 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...


Adobe PDFSecond 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;
Legal Alert/Article
November 16, 2011, previously published on November 14, 2011
Nike 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...


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