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HTMLBreathableSacks Choking Hazard Prompts Product Recall
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
November 28, 2013, previously published on November 27, 2013
BreathableBaby has issued a recall for 15,000 BreathableSacks, a sleeveless wearable blanket for infants. The blankets were found hazardous after it was discovered that the zipper pull tabs and sliders detatch, posing a choking hazard to infants. According to the US Consumer Product Safety...

 

HTMLLack of Evidence of Intent to Use Dooms an “ITU” Trademark Application
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article
November 4, 2013, previously published on November 1, 2013
The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any genuine intent to use the mark in commerce at the time he filed...

 

HTML“So You’re Saying There’s A Chance...”: Yellowstone Injunctions Alive and Well in the Commercial Division
Rena Andoh, Molly Masenga; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 1, 2013, previously published on October 29, 2013
In Burlington Coat Factory of N.Y., LLC v. Majestic Rayon Corp., No. 652511/2012, the Supreme Court (J. Kornreich) granted plaintiff Burlington Coat Factory’s (“Burlington”) motion for an injunction to stay and toll the expiration of a thirty-day default cure period and enjoin the...

 

HTMLThe New Catwalk Experience: New York Tightens Laws for Underage Models
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
November 1, 2013, previously published on October 28, 2013
Last week, New York toughened its child labor law protections for models under the age of 18 by passing New York Senate Bill No. 5486. Signed by Governor Andrew Cuomo, the law is set to go into effect within the next month and will significantly impact designers in preparing for New York Fashion...

 

HTMLGarbo Would Be Happy: "Do Not Track Bill" Signed Into Law
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
October 17, 2013, previously published on October 15, 2013
Greta Garbo, as Grusinskaya in Grand Hotel, was famous for saying: “I want to be alone, I just want to be alone.” On Friday September 27, 2013, Governor Jerry Brown signed A.B. 370, which requires an operator of a website or online services that collects “personally identifiable...

 

HTMLMaterial Breach May Have Voided Confidential Settlement Agreement, Court Finds
Morrison Cohen LLP;
Legal Alert/Article
September 27, 2013, previously published on September 24, 2013
In a ruling from the bench in favor of high-end fashion jewelry retailer and Morrison Cohen client Madison Avenue Diamonds LLC, the Commercial Division of the Supreme Court, New York County, has ordered that trial preparation proceed on claims that could void the retailer’s obligation to make...

 

HTMLTrademark Board Finds Product Packaging Not Inherently Distinctive
Timothy J. Lockhart; Willcox & Savage, P.C.;
Legal Alert/Article
August 17, 2013, previously published on Summer 2013
The U.S. Trademark Trial and Appeal Board (TTAB) recently decided a trade dress case that illustrates important differences between the registerability of product packaging as a trademark and the registerability of product design. In this case, In re Book to Bed, Inc., Serial No. 85262093 (June 21,...

 

HTMLDang v. San Francisco Forty Niners - Consumers can Challenge Reebok's Exclusive NFL Apparel Deal Based Just on a Market of Garments Bearing NFL Team Logos
Leo Caseria, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 8, 2013, previously published on August 7, 2013
On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D. Cal.). Plaintiff seeks to represent a class of NFL apparel purchasers who...

 

Adobe PDFSecond Circuit Finds No Coverage for Trademark Infringement Suit Involving Distinctive Rear-Pocket Stitching on Jeans Sold by Insured to Wal-Mart
Sally A. Clements, Robert J. Kelly; Coughlin Duffy LLP;
Legal Alert/Article
July 5, 2013, previously published on June 26, 2013
In a June 11, 2013 decision, the Second Circuit Court of Appeals refused to expand the definition of “slogan” as used in the definition of “advertising injury” and found no coverage for an underlying settlement of a suit against a Wal-Mart supplier. In CGS Industries, Inc....

 

HTMLNew York Law Requires Chaperones and Certificates on the Catwalk: A New Era In Modeling?
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 3, 2013, previously published on June 26, 2013
Both houses of the New York State Legislature unanimously passed a bill on June 12, 2013, that should impact significantly the New York fashion modeling industry. The bill, once signed into law by Governor Andrew Cuomo, would amend the Labor Law and Arts and Cultural Affairs law that currently...

 


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