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|If It's Neon, Should It Be On?|
Sheppard Mullin Richter Hampton LLP;
July 4, 2012, previously published on June 29, 2012As summer is upon us, rebellious trend seekers can toss their black nail polish and opt for a shade of neon orange, green or pink. This season’s en trend nail polish includes a color palette of neon hues that are rumored to be illegal in the U.S.. Contrary to recent alarmist headlines, it is...
|Supreme Court Tackles Extent of Federal Subject-Matter Jurisdiction over Compulsory Counterclaims in Cases Presenting Abandoned Claims|
Jennifer D. Arkowitz, William M. Bryner, Theodore H. Davis, Stephen Feingold; Kilpatrick Townsend & Stockton LLP;
June 27, 2012, previously published on June 26, 2012On June 25, 2012, the United States Supreme Court granted a petition for certiorari in Nike, Inc. v. Already, LLC, 663 F.3d 89 (2d Cir. 2011). The petition raises the issue of whether a plaintiff, who, for whatever reason, does not want to continue with a lawsuit in federal court (e.g., the case is...
|Fashion Film Art Movement|
Victoria Lee, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
June 20, 2012, previously published on June 14, 2012In this hyper-digital age, the designer brand's focus has gradually shifted from primarily print advertising media to reaching consumers through the Internet and many forms of social media with branded entertainment in the form of short fashion films. The fashion film trend pairs fashion brands...
|Prince Sports, Inc. and Affiliates File for Chapter 11 Protection|
Morris James LLP;
May 3, 2012, previously published on May 1, 2012On May 1, 2012, Prince Sports, Inc. (“Prince”) and three affiliates (collectively, the “Debtors”) filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware. The petition lists both assets and liabilities between $50 and $100 million. The...
|Keep a Close Eye on Your Competition|
Richard S. Dellinger, Jason S. Miller; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
May 2, 2012, previously published on May 1, 2012Do you know of a competitor trying to imitate your product? Rip-It Sporting Goods developed an in-fielder's mask for baseball and softball. The mask, which is marketed at trade shows, on the internet and nationally through distributors, was allegedly copied by competitor Champro Sports who...
|4th Circuit Upholds Convictions of Trademark Infringers for Combining Two Separate “Burberry” Marks on Bogus Luxury Goods|
John Staige Davis; Williams Mullen;
April 24, 2012, previously published on April 20, 2012Can 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.
|The National Football League Decides to "Just Do It"|
Sheppard Mullin Richter Hampton LLP;
April 12, 2012, previously published on April 9, 2012Though 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...
|Louis Vuitton Achieves Genuine Victory over Flea Market's Phony Sales|
Tyler E. Baker; Sheppard, Mullin, Richter & Hampton LLP;
March 28, 2012, previously published on March 26, 2012Luxury 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,...
|Louboutin's Challenge: Can One Fashion Designer ‘Sole-Ly’ Trademark A Color For Well-Heeled Shoes?|
Vanessa A. Ignacio, Lawrence A. Weinstein; Lowenstein Sandler LLP;
March 23, 2012, previously published on March 2012The 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...
|ALJ 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.;
March 22, 2012, previously published on March 20, 2012On 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...