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HTMLIn-FUR-mation Update: New FTC Enforcement Policy for Retailers
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
March 8, 2013, previously published on March 5, 2013
Fur was a number one pick this winter season, as seen in magazine editorials, designer ads and fashion shows, showcasing its popularity in collections around the world. Whether jacket, purse, parka or boots, the Federal Trade Commission (“FTC”) mandates that all fur products within its...


Adobe PDFAmerican Taxpayer Relief Act Provisions
Bressler Amery Ross A Professional Corporation;
Legal Alert/Article
February 8, 2013, previously published on February 4, 2013
Acting in last minute fashion, Congress addressed expiring tax provisions with the American Taxpayer Relief Act of 2012 (“ATRA”). The good news (besides avoiding the “fiscal cliff”) is that, unlike previous tax legislation passed in 2001 and 2010, ATRA provisions are...


HTMLNew York Tax Department’s Decombination Efforts Rejected in IT USA, Inc.
Alvan L. Bobrow, Jeffrey S. Reed; Mayer Brown LLP;
Legal Alert/Article
January 29, 2013, previously published on January 24, 2013
A New York State Division of Tax Appeals administrative law judge (“ALJ”) recently ruled that a group of three corporations properly filed New York State combined reports and therefore the New York State Department of Taxation and Finance’s (the “Department’s”)...


HTMLU.S. Supreme Court Ruling Bars Competitor Defendant’s Trademark Invalidity Claim Following Plaintiff’s Covenant Not to Sue
Iciar P. Garcia, Amy K. Mugherini; Bingham McCutchen LLP;
Legal Alert/Article
January 29, 2013, previously published on January 23, 2013
The U.S. Supreme Court unanimously held that a covenant not to sue granted by Nike, Inc. to rival shoe manufacturer and alleged trademark infringer, Already, LLC, eliminated any controversy between the parties and prevented courts from considering Already’s counterclaim that Nike’s...


HTMLIf You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue
Janet F. Satterthwaite; Venable LLP;
Legal Alert/Article
January 25, 2013, previously published on January 15, 2013
The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a court of jurisdiction over the cancellation by granting the Defendant...


HTMLDéjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers For Personal Information - But Will The California Supreme Court Agree?
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
Legal Alert/Article
January 9, 2013, previously published on December 2012
A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the past several years: When - if ever - can a retailer ask customers for...


HTMLSecond Circuit Decision Brings A Satisfying Conclusion to Louboutin’s Red Sole Trademark Litigation Dispute with Yves Saint-Laurent
Ankwei Chen; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
December 14, 2012
In September, the US Court of Appeals for the Second Circuit reached a decision in the trademark dispute between fashion giants Christian Louboutin and Yves Saint-Laurent (YSL). Louboutin filed this interlocutory appeal in the wake of the decision reached by the District Court below in August 2011...


HTMLReforming Retail: India Allows FDI in Multi-Brand Retail
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
December 4, 2012, previously published on November 29, 2012
On September 14, 2012, the Indian government announced that it would relax restrictions on foreign direct investment (FDI) in multi-brand retail. India—a country that traditionally excluded foreign investment—opened its doors to global supermarkets, such as Wal-Mart and Tesco. While the...


HTMLJovani Fashion, Ltd. v. Fiesta Fashions: Second Circuit Finds Dress Designer's Copyright Claim Weak at the Seams
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
December 3, 2012, previously published on November 29, 2012
On October 15, 2012, the United States Court of Appeals for the Second Circuit issued its opinion in Jovani Fashion, Ltd. v. Fiesta Fashions, Docket No. 12-598-cv, 2012 WL 4856412, holding that the prom dress artwork of fashion designer Jovani Fashions, Ltd. (“Jovani”) lacked...


Adobe PDFSeeing Red: Recent Developments in the Trademark Functionality Doctrine
Katherine Laatsch Fink; Banner & Witcoff, Ltd.;
Legal Alert/Article
November 26, 2012, previously published on Fall/Winter 2012
As color and aesthetics have become increasingly important to brand identity, those features have been subject to judicial scrutiny regarding their ability to serve as trademarks in the past year. For example, when we see a robin’s-egg blue box, we think Tiffany & Co. (Tiffany). Not...


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