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New York Law Journal

How Cooley Kept Hailey Rhode Bieber Out of Trademark Jeopardy

Owners of clothing company called Rhode tried to block Bieber from marketing a new line of cosmetics with the same name. U.S. District Judge Lorna Schofield ruled that Rhode is a weak mark and that, while clothing and cosmetics might be close cousins, they're not the same industry.
4 minute read

New York Law Journal

'Meta' Is a Weak Mark and 3 Other Takeaways From Tuesday's Suit Against ex-Facebook Platforms

Pryor Cashman attorneys have filed a tour de force of a complaint, but Meta Platforms' apparent claim that its business doesn't overlap with METAx's might have some substance.
3 minute read

The Legal Intelligencer

American Eagle Denied Summary Judgment in Denim Dilemma Against Walmart

American Eagle then argued that its design acquired a secondary meaning due to its 18-year history with the design, including previous advertising campaigns and confusion from consumers about the similar designs among other points.
3 minute read

New York Law Journal

Meta v. Meta: Immersive Tech Co. Sues Owner of Facebook, Instagram, Claiming Rights to 'Meta' Trademark

Pryor Cashman partner Dyan Finguerra-DuCharme represents the plaintiff, METAx LLC, which was founded in 2010 and has hosted "experiential and immersive experiences" involving virtual and augmented reality at major festivals including Coachella and South by Southwest.
3 minute read

New York Law Journal

Trademarks and the Digital Storefront: SDNY Analyzes Likelihood of Confusion in Search Ads

It is now clear that keyword advertising can, in some cases, constitute trademark infringement. But under what circumstances? 1-800 Contacts once again finds itself on the losing end of that question in a recent case from the Southern District of New York that examines customer confusion and the developing law around the protection of digital intellectual property.
12 minute read

Law.com

Skilled in the Art With Scott Graham: Apple, Kirkland Are Poised to Keep $300 Million Patent Submerged + CAFC Might Avoid SEPs at the ITC + Kathi Vidal Thinks VLSI's $2.175 Billion Patents Are Probably Invalid

A panel of Federal Circuit judges didn't sound inclined to rescue a 'submarine' patent that led to a $308 million jury verdict against Apple.
8 minute read

Daily Business Review

Holland & Knight Takes on Multibillion-Dollar Chinese Fashion Retailer Shein

Miami litigator Danielle Garno is on the case.
4 minute read

Delaware Business Court Insider

Trademark Dispute Between Companies Called 'Newt' and 'Newtek' Lands in Del. Court

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

The Legal Intelligencer

How to Assist Clients in Selecting a Trademark

For many businesses trademarks are are their most valuable and important piece of intellectual property. As such, it is a vital component for businesses and requires detailed consideration and due diligence to ensure that the mark is both strong and immediately protectable.
11 minute read

New York Law Journal

What Lawyers Need To Know About Non-Fungible Tokens: Part 2

In Part 1 of this series, the authors provided an overview of non-fungible tokens (NFTs), including what they are, whether they constitute securities under federal law, and related regulatory implications. Here, they address another key legal dimension of NFTs: intellectual property protections.
7 minute read

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