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New York Law Journal

What's in a Name? Trademark Law for the Family-Owned Winery

Daniel B. Moar of Goldberg Segalla writes: The propriety of using the family name as a trademark to promote a business is often taken as an article of faith. After all, if your family has operated a winery for many years, why wouldn't you be allowed to use the family name as a trademark to identify your wine? The answer lies in the Lanham Act, the federal statute that governs trademark law. As with many legal issues, there are no absolute answers as to whether a family name can be used or registered as a trademark.
15 minute read

New York Law Journal

Charisma World Wide Corp., S.A. v. Avon Products Inc.

By | March 24, 2017
'Substantial Effect on U.S. Commerce' Pleaded By Claim U.S. Firms Lost Contracts by Infringement
3 minute read

New York Law Journal

Public Free Will Corp. v. Verizon Communications Inc.

By | March 23, 2017
Nonprofit's Service Marks Not Shown Used Commercially For Services It Intended to Offer
3 minute read

New York Law Journal

Safe Step Walk in Tub Co. v. CKH Industries, Inc.

By | March 23, 2017
Counterclaims in Breach Action Dismissed, Narrowed; Unfair Competition Claim Not Stated
3 minute read

New York Law Journal

Federal Circuit Affirms Infringement Holdings and Damages in 'Sprint' Appeals

Patent and Trademark Law columnist Robert C. Scheinfeld writes: The telecommunications company Sprint has seen its profile rise recently in the area of patent law as the Federal Circuit just addressed two of Sprint's appeals challenging lower court patent infringement verdicts adverse to it, and the company achieved just this month a large damages jury verdict in a patent case against Time Warner Cable.
18 minute read

Daily Business Review

Jury Says Landlords Can't Turn Blind Eye to Fake High-End Goods

Miami lawyers won a $1.9 million verdict showing commercial landlords who turn a blind eye to tenants' trademark infringement can be held liable.
11 minute read

The Recorder

Google Is Not Generic for Internet Searching—But the Day May Be Coming

A Ninth Circuit panel indicated that most people still know the difference between Google as a trademarked brand and "googling" as a verb.
9 minute read

New York Law Journal

Fujifilm North America Corp. v. Geleshmall Enterprises LLC

By | March 15, 2017
Breach Counterclaims Must Be Arbitrated; 'Gray Market' Claims Outside Arbitration Clause
3 minute read

Daily Business Review

Mexico OKs New Trump Trademarks for Hotels and Tourism

On Feb. 19, 2016, at a campaign rally in North Charleston, South Carolina, then-candidate Donald Trump gave a stump speech in which he railed against American jobs moving to Mexico: "We lose our jobs, we close our factories, Mexico gets all of the work," he said. "We get nothing." That same day a law firm in Mexico City quietly filed on behalf of his company for trademarks on his name that would authorize the Trump brand, should it choose, to set up shop in a country with which he has sparred over trade, migration and the planned border wall.
11 minute read

New York Law Journal

Bubble Genius LLC v. Smith

By | March 13, 2017
Novelty Soap Maker's Trade Dress Infringement Action Dismissed for Failure to State Claim
3 minute read

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