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Sort by:  | Copyright and Patent Implications of Supreme Court’s First Sale Doctrine Ruling
Andrew S. Baluch, Andrew Baum, Tara E. Langvardt; Foley & Lardner LLP;
Legal Alert/Article March 25, 2013, previously published on March 22, 2013 In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of copies lawfully made abroad. The decision in rtsaeng v. John...
| | Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article January 11, 2013, previously published on January 9, 2013 In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to assert any claims against the accused products or “colorable...
| | Second Circuit Reverses Louboutin on Protection of Fashion Color Trademarks
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article September 7, 2012, previously published on September 5, 2012 In a major opinion issued on September 5, 2012, the Second Circuit held that Christian Louboutin’s red sole trademark for shoes is valid, but only when the red color contrasts with the color of the shoe upper. It rejected the District Court's holding that color per se could never be a valid...
| | ICANN Reveals List of Applied-for gTLDs: What Trademark Owners Can Expect
Andrew Baum, Toni Y. Hickey; Foley & Lardner LLP;
Legal Alert/Article June 14, 2012, previously published on June 13, 2012 On June 13, 2012, the Internet Corporation for Assigned Names and Number (ICANN) revealed the list of new top-level domain names (gTLDs) applied for during the initial application period which ended on May 30, 2012. See http://newgtlds.icann.org/en/program-status/application-results.
| | Rosetta Stone v. Google Decision Extends AdWords Battle
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article April 27, 2012, previously published on April 13, 2012 The legal campaign against Google’s offering of trademarks as keywords in its AdWords program, including its policy of permitting third-party trademarks to be used in sponsored links, will continue as a result of the Fourth Circuit’s decision this week in Rosetta Stone Ltd. v. Google,...
| | ICANN Accepting Applications for New Generic Top Level Domain Names
Andrew Baum, Toni Y. Hickey; Foley & Lardner LLP;
Legal Alert/Article January 19, 2012, previously published on January 17, 2012 The Internet Corporation for Assigned Names and Numbers (ICANN) began accepting applications for new generic top level domain names (gTLDs) on January 12, 2012. ICANN is accepting applications through April 12, 2012 and expects to receive approximately 4,000 applications during this three-month...
| | TTAB Limits Extent of E-Discovery in Board Proceedings
Andrew Baum, David A. Copland; Foley & Lardner LLP;
Legal Alert/Article January 6, 2012, previously published on January 3, 2012 The Trademark Trial and Appeal Board (TTAB) recently held that expansive discovery of electronically stored information (ESI) will normally not be necessary in registration proceedings. Although the scope of discovery in TTAB cases is defined by Rule 26, Fed. R. Civ. P and is technically identical...
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