Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.
October 2012 Issue
Christian Louboutin, S.A. v.
Yves Saint Laurent Am. Holding, Inc.,
2012 WL 3832285 (2d Cir. Sept. 5, 2012)
Second Circuit rules that a single color is protectable as a trademark generally, including in the specific context of the fashion industry, and that a single-color mark is not “functional” per se because analysis of functionality requires an individualized fact-based inquiry.
Innovation Ventures, LLC v. N.V.E., Inc.,
2012 WL 4039843 (6th Cir. Sept. 13, 2012)
Sixth Circuit finds that 5-HOUR ENERGY notice to retailers about prior trade-dress victory, which failed to identify the product subject to the recall, may be misleading and actionable as false advertising.
Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes & of Malta v. Fla. Priory of the Knights Hospitallers of the Sovereign Order of Saint John of Jerusalem, Knights of Malta, The Ecumenical Order,
2012 U.S. App. LEXIS 19104
(11th Cir. Sept. 11, 2012)
In evaluating the merits of a cancellation counterclaim on fraud grounds, Eleventh Circuit confirms that post-Bose, a claim of fraud requires objective evidence of a willful intent to deceive.
In re Apple Inc.,
Ser. No. 85019762 (TTAB Sept. 18, 2012)
Affirming that a side-by-side comparison is not the standard for a proper likelihood-of-confusion analysis, TTAB upheld denial of registration of Apple’s “notes” design mark based on a previously registered mark also featuring musical notes.
All You Need Is Love? Beach Boy “Boss” Fires Band’s Heart and Soul
Beware Solicitations Disguised as Official-Looking Trademark Office Mailings
President Obama Signs Trademark Dilution Bill Restoring Limitation to the “Federal Registration” Defense
Summary of the Innovative Design Protection Act of 2012
Logo 2.0: The Power and Pitfalls of Rebranding
by Julia Anne Matheson and
Whitney Devin Cooke
AIPLA Annual Meeting
October 25-27, 2012
Working Mother Names Finnegan, Henderson, Farabow, Garrett & Dunner, LLP a 100 Best Company for Working Mothers and Their Families
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