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District Court Addresses Trademark Attribution in Manufacturer-Licensee Dispute

Clients often ask whether—and, if so, when—they must use the ® and ™ symbols, or other forms of attribution, when using another company’s trademarks. This question arises in a variety of settings. For example, a company may want to use another’s trademark in order to make a comparative advertising claim, to state that its product is compatible with another company’s product, or to identify a business relationship with another company. The rules for the attribution of another’s trademarks are not cut and dry.

Leading Fashion Law Attorney Anthony Lupo to Discuss Fashion & Design in the Digital Age

On September 18, Arent Fox Fashion Law practice leader Anthony Lupo will present a seminar at the US Patent and Trademark Office (USPTO)  during a week-long conference addressing “Copyright, Culture, Art, and Science in the Digital Age.” During the panel discussion, “Hot Topics in Fashion & Design in the Digital Age,” Mr. Lupo will address fashion and design industry issues, including international questions and privacy concerns.

Rule Changes at the USPTO Allow for a more Streamlined Industrial Design Registration Process for Foreign Applications

Starting on May 13, 2015, Applicants in the United States who file a single industrial design application at the United States Patent and Trademark Office (USPTO) in English have the opportunity to obtain protection for up to 100 different industrial designs across 44 countries and intergovernmental organizations. This change was published in the USPTO’s Final Rules relating to “Changes to Implement the Hague Agreement Concerning the International Registration of Industrial Designs” in April.

Macy’s Fights to Win Back Allegedly Abandoned Trademarks

What’s the News? Macy’s, Inc. (Macy’s) is currently engaged in litigation to regain ownership of multiple trademarks associated with Macy’s-owned department stores that are no longer in use. Claiming that the marks were abandoned, Strategic Marks, LLC (Strategic Marks) filed applications for — and ultimately obtained rights to — the trademarks in dispute at the US Patent and Trademark Office (USPTO).

Arent Fox Secures Judgments Protecting Fila Against Cybersquatting Websites

Washington, DC — In January, Arent Fox LLP secured a summary judgment on behalf of the sportswear manufacturer Fila against a website that was cybersquatting and appeared to carry the company’s internationally recognized label. This is the second domain name Arent Fox obtained in recent months for Fila after successfully arguing that the website registrant’s actions violated the Anticybersquatting Consumer Protection Act.

Dictating the Use of a Celebrity’s Likeness: Former Panamanian Strongman Manuel Noriega Ousted from Court

  Video game developer Activision Blizzard, Inc. recently won a key victory in the ongoing battle over the right of publicity when a California state court judge dismissed former Panamanian dictator Manuel Noriega’s well-publicized lawsuit. Noriega had alleged that his image and likeness were improperly used in the blockbuster video game “Call of Duty: Black Ops II.” Determining that the First Amendment protected Blizzard, the court dismissed Noriega’s complaint with prejudice.

If It Looks Like a Duck and Quacks Like a Duck, It Must be Trademark Infringement?

What’s the News? A recent case filed in US District Court for the Southern District of Florida charges A&E Television Networks, LLC (A&E), with willful trademark infringement and unfair competition stemming from merchandise for the hit reality show Duck Dynasty. The case is a cautionary (duck?) tale about the importance of clearing trademarks prior to use and a reminder about the steps companies can take to minimize their liability under intellectual property laws.

Hands Off! Pending Fight Over Abandoned Gift Cards Heats Up

What Made News? A group of merchants and restaurants, including Netflix Inc., California Pizza Kitchen Inc., and Ralph Lauren Corp., are fighting back in federal court against a Delaware lawsuit alleging that they have been withholding unclaimed gift card balances that are due to the state.

LVMH and eBay Team Up to Take On Counterfeiters

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods. Although financial terms were not disclosed, the two companies announced that they would collaborate in implementing measures aimed at protecting intellectual property rights and preventing the sale of counterfeit goods online. “Thanks to our joint efforts, consumers will enjoy a safer digital environment globally,” the companies said in a joint statement.

Arent Fox Files Lawsuit Protecting Diesel Against Cybersquatting Websites Selling Counterfeit Goods

Press Release Washington, DC – On June 24, Arent Fox LLP filed suit on behalf of Italian clothing company Diesel S.p.A. against 83 websites that are cybersquatting and selling counterfeit products appearing to carry the internationally recognized label. By using the company’s trademark in the domain name, the websites are creating the false impression they are authorized to sell genuine Diesel goods. Already, the sites have sold thousands of counterfeit reproductions of Diesel’s high quality products.