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Trademark news and analysis from the courts and the USPTO
By Andrew J. Koopman | October 2, 2018
International candy manufacturer Nestlé S.A. has suffered a setback in its long-running effort to obtain trademark protection throughout the European Union for the shape of its famous Kit Kat® bars.
1 minute read
By Keith F. Noe and Peter Lando | September 28, 2018
In recent years many companies have turned to standard “form” contracts for common business arrangements such as nondisclosure/confidentiality agreements (generically referred to as NDAs).
1 minute read
By Phillip Bantz | September 27, 2018
The case has implications for corporations of all sizes and their legal departments, which could be facing class action-sized headaches if Home Depot falters.
1 minute read
By Dan Clark | September 26, 2018
In this edition of Inside Track, we take a look at the IP implications of a company name change as well as a report that is slated to alter the work environment of a professional basketball team.
1 minute read
By Zach Schlein | September 26, 2018
The festival was locked in litigation with Croatian company Adria MM Productions over the right to use the Ultra brand for similar events in Europe.
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By Lawrence E. Ashery | September 25, 2018
The Kit Kat bar is an international sensation, and as a result, Nestle has been trying to protect the candy bar's shape throughout Europe. A trademark application for its appearance was filed with the European Union Intellectual Property Office (EUIPO) in 2002, and a trademark registration was granted in 2006, but earlier this year, the EU's General Court declared the registration invalid.
1 minute read
By Howard Wintner | September 24, 2018
The threshold requirement for a dilution claim is that the mark is “famous.” Dilution can occur in one of two ways, either dilution by “blurring” or “tarnishment.”
1 minute read
By Charles Toutant | September 21, 2018
A federal judge has tossed out a false advertising and libel suit lodged against Princeton Insurance by a competitor, New Jersey Physicians United Reciprocal Exchange.
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By Zach Schlein | September 19, 2018
Following a Sept. 6 ruling by federal Judge Federico A. Moreno denying dual requests for summary judgement, litigation concerning the use of the Ultra brand in Croatia and Europe proceeded to trial in the Southern District of Florida on Monday. According to one attorney, the jury could reach a decision by Friday.
1 minute read
By Ross Todd | September 17, 2018
The card game plays a pivotal role in the "Star Wars" universe as it was during a game of Sabacc that Han Solo won the iconic Millennium Falcon spaceship.
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