Copyright/Trademarks
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  • Too Trulicity to be good?

    When is a mark not a mark? That's what the Trademark Trial and Appeal Board (TTAB) was grappling with in a June 18, 2015 non-precedential decision In re Eli Lilly and Co., Serial No. 85/183,667.

  • Jenner’s Kohlmann leads team to victory for Steinbeck estate

    Jenner & Block partner Susan J. Kohlmann led the team that recently won a victory for the estate of Elaine Steinbeck, the late wife of novelist John Steinbeck, and all of its beneficiaries. U.S. District Judge Terry J. Hatter Jr. of the Central District of California dismissed with prejudice the...

  • Schiff Hardin scores win for Michael Jordan

    A team from Schiff Hardin that included partner Sondra Hemeryck recently scored a win for client Michael Jordan when a jury in federal court in Chicago found that grocery store chain Safeway and Dominick’s made unauthorized use of the basketball legend’s identity.

  • Will college players remain amateur athletes?

    It appears that college student-players are still considered amateur athletes – at least for now – given a recent appeals court ruling.

  • The Marilyn Monroe Estate sues AVELA for violation of trademarks

    Since Marilyn Monroe’s death in 1962, her heirs have been on the lookout for those looking to capitalize on her fame. Interestingly, the Monroe Estate is now in court against AVELA, a company that specializes in nostalgia merchandise, and is asserting that goods featuring Monroe are a violation of trademarks....

  • When evidence isn't, fame is fleeting

    In Overstock.com, Inc. v. J. Becker Management, Opposition No. 91203624, the board concluded that Mattress Overstock was not confusingly similar to Overstock.com for online wholesale and retail store services featuring general consumer merchandise, including furniture, linens, and pillows.

  • Securing your assets

    The highest profile hacks, the ones that get the most digital ink, are the ones that affect millions of people. When personally identifiable information (PII) is stolen from a major healthcare company or retail provider (think Target), millions of ordinary citizens find themselves in financial jeopardy, and the media and...

  • Hashtags and exclusive ownership: #Incompatible?

    From Lancôme’s #BareSelfie to Charmin’s #TweetFromTheSeat, hashtags are used by various companies for marketing, publicity, and overall relevancy purposes. As more companies utilize hashtags to market their brands, questions about protection and enforcement may begin to circulate around the C-suite. Can hashtags be exclusively owned, protected and enforced?

  • Forget earthquakes: Building a data breach preparedness kit for your brand

    Few phrases make brand owners more nervous than “information security” and “data breach.” Today’s in-house counsel must not only be a legal expert, but an expert in all aspects of her client’s business, including technology.

  • Prince and the 'Dancing Baby' video: Court sets fair use guidelines

    “Copyright holders cannot shirk their duty to consider—in good faith and prior to sending a takedown notification—whether allegedly infringing material constitutes fair use, . . . “

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