In connection with a trade dress infringement action by Nike, Inc. against another shoe company, Already, LLC, involving Nike’s federally registered trade dress for a certain shoe design, the U.S. Supreme Court decided an important issue regarding the scope and ramifications of covenants not to sue. 

Thursday, 03 January 2013 14:31

2012 - A GOOD YEAR FOR MADRID

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In 2012, the Philippines, New Zealand, Colombia, and Mexico acceded to the Madrid system, bringing to 89 the total number of members to join the Madrid Protocol for the International Registration of Marks.  Administered by the World Intellectual Property Organization, the Madrid System for the International Registration of Marks (“Madrid system”) is designed to provide a cost-effective and efficient way for trademark holders to secure and maintain protection for their marks in multiple countries.

Tuesday, 03 December 2013 14:30

US SUPREME COURT TO END GENE PATENT DEBATE

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On Friday, the U.S. Supreme Court granted certiorari in the Association for Molecular Pathology v. Myriad Genetics case.  As noted in our previous posts, this case deals with whether patent claims directed to "isolated DNA sequences" are patent eligible subject matter under the patent laws, in connection with the BRCA-1 and BRCA-2 genes involved in breast cancer.

Tuesday, 28 February 2012 14:30

CYBER MONDAY CRACKDOWN PART III

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This past Monday, November 26, 2012 marked "Cyber Monday," a recently established tradition identified with the Monday following the U.S. Thanksgiving weekend, where consumers tend to escalate their online holiday shopping activities.

Tuesday, 23 October 2012 14:28

IP ISSUES AND THE ELECTION

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Intellectual property issues have becoming increasingly present during presidential elections as candidates frequently use music, phrases and even fictional characters in their campaigns. This presidential election is no different.

Tuesday, 25 September 2012 14:27

OBVIOUSNESS STILL AN ISSUE FOR BIOTECH PATENTS

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Gene patents (and by extension biotech patents) have received quite a bit of attention lately from the ongoing Myriad Genetics case, which challenges the appropriateness of genetic material for patents. However, patentable subject matter is only one hurdle would-be patentees must face in order to obtain a coveted patent. The invention must also be novel and not obvious over what is known in the field of art at the time of invention. This last point recently caused one patentee to lose his battle for a patent, and due to his own publication at that.
Friday, 21 September 2012 14:26

THE BATTLE OVER THE YOGA PANTS

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lululemon, the popular designer of yoga clothing has filed a Complaint in federal court in Delaware against Calvin Klein alleging that Calvin Klein is selling pants that infringe three design patents owned by lululemon. The design patents issued by the U.S. Patent and Trademark Office are for pants with a waistband featuring overlapping panels of fabric. 

The next round in the legal battle between the two famed French fashion houses, Christian Louboutin and Yves Saint Laurent,  has both companies claiming victory.  The Second Circuit Court of Appeals reversed the district court’s denial of trademark protection to Louboutin’s use of contrasting red lacquered outsoles and holding that a single color can never serve as a trademark in the fashion industry. "We hold that the lacquered red outsole, as applied to a shoe with an 'upper' of a different color, has come to identify and distinguish the Louboutin brand and is therefore a distinctive symbol that qualifies for trademark protection," the Court found.