Monthly Archives: November 2016

Watch: Social Media for the Generalist In-House Counsel

Joshua Jarvis and David Kluft recently presented a webinar offering guidance on social media issue spotting for in-house legal practitioners and executives, with a focus on intellectual property, publicity rights and advertising.

Social media platforms present countless and varied opportunities for companies looking to connect to consumers and clients in real time. But, like so much else in our connected age, these opportunities come with a host of risks ranging from minor public relations blips to unpleasant regulatory run-ins with government agencies,… More

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

twIn Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel importation of diabetes test strips.  One defendant had hoped to overturn the injunction order by arguing that its place in the supply chain shielded it from direct liability for consumer confusion. … More

Opportunism Knocks: The (Likely) Futility Of “ZIKA” Trademark Applications

zikaAs an intellectual property attorney, I find the phenomenon of trademark opportunism to be a curious, and sometimes amusing, thing. (I don’t get out much.)  As soon as a distinct word, phrase, sound bite, or concept emerges in popular culture, some folks run straight to their computers and file a trademark application, presumably hoping to capitalize by owning some exclusive right in connection with a hot topic.… More

Hurray For HOLLYWOOD (Florida)! -The Motion Picture Capital’s Distant Cousin

hollywood signI am headed to Hollywood.  As much fun as it would be to report that I am leaving the work-a-day world behind to try and make it in moving pictures, the silver screen will have to wait.  I am actually going to the International Trademark Association (INTA) Leadership Meeting in sunny Hollywood, Florida, which begins on November 15th.  Nestled between Fort Lauderdale and Miami on the Atlantic coast,… More

“I’m With the Band”: Boston Guitarist Can Call Himself “Former Original Member” Without Infringing Trademark

bostonLast week, a federal jury in Boston found that Barry Goudreau, a guitarist who played in an early incarnation of the rock band Boston, did not infringe trademark rights in the band’s name by allowing himself to be identified as a “former original member” of Boston.  The verdict in Scholz v. Goudreau, Case No. 1:13-cv-10951-DJC (D. Mass.), which rejected the trademark claims brought by group founder Tom Scholz,… More

Copyright Office Ditches Paper And Announces Electronic Renewal Requirement For DMCA Designated Agents

copyrightSince the enactment of the Digital Millennium Copyright Act (“DMCA”) in 1998, online service providers wishing to avail themselves of the DMCA’s safe harbors (from liability for copyright infringement) have been required to register the identity and contact information of a designated agent. Designated agents serve as the point of contact for copyright holders who spot infringement online and need to serve a DMCA takedown notice to get the offending content removed.… More