Searching Content indexed under Intellectual Property by Naresh Kilaru ordered by Published Date Descending.
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U.S. Trademark Office, Frustrated By Rules Violations, Issues Proposed Rule Requiring Foreign Filers To Engage U.S. Counsel
In response to the dramatic rise of foreign applicants filing trademark applications that have inaccurate and possibly fraudulent statements regarding use ...
United States
27 Feb 2019
Pool Float Trade Dress Is For The Birds
In International Leisure Products Inc. v. Funboy LLC (No. 17-3982, 2d Cir. Sept. 6, 2018), the Second Circuit affirmed the dismissal—with prejudice—of a trade dress action that had been brought...
United States
22 Oct 2018
EARTHBORN REBORN Specimens Not Reborn At The TTAB
In a non-precedential opinion, the TTAB recently affirmed the Examining Attorney's refusal to register Midwestern Pet Foods, Inc.'s EARTHBORN REBORN mark, for "pet food," for failing to provide an acceptable specimen.
United States
17 Oct 2018
Supreme Court Grants Certiorari In Fourth Estate To Resolve Circuit Split On Copyright Registration Prerequisite To Suit
The Supreme Court recently granted certiorari in Fourth Estate Public Benefit Corporation v. to settle a longstanding circuit split on the registration prerequisite to a copyright infringement suit.
United States
4 Oct 2018
Cheaters Never Prosper—And They Also Can Be Liable For Copyright Infringement
On August 16, 2018, a district judge in the Southern District of New York held that the creation of a program that allows players to cheat when they play a video game infringes the copyright...
United States
13 Sep 2018
The Empire Strikes Out: Disney, Marvel, And Lucasfilm Lose Summary Judgment On Trademark Infringement Claims
On August 9, 2018, a judge in the Southern District of New York held, in essence, that a company that copies trademarked characters, but does not confuse its customers regarding the source
United States
7 Sep 2018
Jury Finds Allstate's Drivewise Mark Infringed By Kia
.Allstate began a safe driving data and rewards program under the DRIVEWISE mark in 2010, and its trademark registration issued in April 2011.
United States
10 Jan 2018
Fair Use Defense Generally Inapplicable In Board Proceedings
Is the very fact of applying for a trademark registration inconsistent with a parody or fair use defense?
United States
16 Jun 2015
U.S. Supreme Court Holds That TTAB Decisions Can Have Preclusive Effect In Infringement Litigation
In a case that is certain to have far-reaching implications for trademark practitioners, and is contrary to the numerous amicus briefs filed on behalf of multiple intellectual property organizations...
United States
2 Apr 2015
Ninth Circuit Acknowledges That Its Precedent On Functionality Is "Less Than Clear"
Plaintiff Moldex-Metric had used a bright green color to identify its earplugs since 1982. After defendant McKeon Products started selling earplugs in a bright green color...
United States
27 Mar 2015
Activision’s Use Of Well-Known Trademark In Video Game Protected Under First Amendment
Although a strong trademark usually favors the plaintiff in infringement actions, in cases involving expressive works subject to First Amendment protection it may actually weigh in favor of the defendant.
United States
31 Dec 2014
No Presumption Of Irreparable Harm In Lanham Act False Advertising Cases
The Third Circuit recently considered whether plaintiffs bringing a Lanham Act false advertising claim and seeking a preliminary injunction are entitled to a presumption of irreparable harm.
United States
27 Oct 2014
Arizona Court Rules "Google" Not A Generic Term
"Google" and the verb "Googling" are not generic terms, the United States District Court for the District of Arizona has ruled. See Elliot v. Google, Inc.
United States
7 Oct 2014
Amazon.Com Avoids Vicarious Liability For Copyright Infringement By Amazon Associates
The Ninth Circuit recently granted internet giant's motion to dismiss a claim of vicarious copyright infringement.
United States
26 Sep 2014
Injunctions In Trademark Cases Must Take Into Account Totality Of The Circumstances
Can a U.S. trademark owner sue a foreign defendant for trademark infringement where the defendant has only intended to use the allegedly infringing mark in the U.S.?
United States
5 Sep 2014
CHANEL For Real Estate Services Likely To Dilute Famous CHANEL Brand; Social Media Evidence Found Persuasive In Establishing Fame
The Board is increasingly taking note of a brand’s social media presence when considering whether a mark is famous for dilution purposes.
United States
16 Jul 2014
Prior Registration Defense Not Available When A Mark Is Challenged As Merely Descriptive
Can a mark be challenged as merely descriptive when the owner also owns an incontestable registration for the identical mark covering near identical services?
United States
22 May 2014
USPTO Proposes Reduction In Trademark Fees
The U.S. Patent and Trademark Office has announced that it is considering fee reductions for certain trademark applications and renewals filed online.
United States
19 May 2014
California Court To Consider Whether Universal’s "Section 6" Screenplay Infringes MGM’s James Bond Copyrights
It has been nearly two decades since the Central District of California ruled that the James Bond character is protected under copyright law.
United States
8 May 2014
USPTO Updates Policy On Registration Of Generic Top-Level Domains
Everyone knows gTLDs such as ".com" and ".net" are not registrable as trademarks, but what about ".nissan"?
United States
15 Apr 2014
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