In the recent case of International Information Systems Security Certification Consortium v. Security University, LLC, the Second Circuit articulated its test for analyzing nominative fair use claims in trademark infringement cases. While we now know the Second Circuit’s test, the case also highlights a notable circuit split between the Ninth, Second, and Third Circuits regarding nominative fair use. As a result, companies intending to rely on a nominative fair use defense may have varying success depending on the jurisdiction.
Amy E. Salomon
Amy is an associate in the Intellectual Property practice. She works on a wide range of intellectual property matters, including trademark, copyright, right of publicity, and domain name disputes. Amy regularly assists clients with selecting, clearing, registering, and enforcing trademarks both domestically and abroad, and she manages the trademark portfolios of several large clients. She runs robust Internet watch programs for multiple clients, policing the Internet for infringing domain names and websites, and negotiating settlements with infringers. She has filed numerous successful Uniform Domain Name Dispute Resolution Policy complaints on behalf of clients, and has worked with registrars and hosts to shut down infringing sites. Amy also has extensive experience resolving intellectual property matters on social media sites such as Twitter, Facebook, Tumblr, and YouTube, and has worked on numerous copyright infringement matters. Amy has particular experience in the fashion, media and entertainment, and hospitality industries. She also has a niche focus on intellectual property issues facing political campaigns at both the congressional and presidential levels.
Amy served as a law clerk for the US Department of Justice, US Attorney’s Office in Washington, DC. Amy also worked as a legal intern in the Government Affairs Office for Comcast Cable, working on a wide variety of telecommunications and intellectual property issues.
Bar & Court Admissions
District of Columbia Bar
Georgetown University Law Center, JD (cum laude), 2009
University of Pennsylvania, BA (magna cum laude), 2005
Blog Posts by Amy E. Salomon
What’s the News?
The producer of popular Netflix television series “House of Cards” has been sued in federal court on claims of trademark infringement for its use of the trademark HOUSE OF CARDS. See D2 Holdings LLC v. MRC II Distribution Co., L.P., et al. 1:16CV10453 (D. Mass. March 3, 2016). The plaintiff, D2 Holdings LLC, and its predecessor-in-interest have owned a federal registration for HOUSE OF CARDS since 2007, years before the popular political drama of the same name aired in 2013. While defendant MRC II Distribution Company L.P. has been using the title “House of Cards” since the show first aired, the company recently licensed several entities to use the mark “HOUSE OF CARDS” on various products, including slot machines and clothing items – a decision that led D2 to file suit.
What’s the News?
Background on the Dispute
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