By Colleen Murphy | September 11, 2024
"Accordingly, we conclude that the contractual obligations of the franchisees to operate their convenience stores in a manner that preserves the integrity of the brand does not satisfy the threshold determination," Associate Justice Dalila Argaez Wendlandt said.
The Legal Intelligencer | Commentary
By Allison R. Tramontana | September 10, 2024
With formerly brick-and-mortar businesses entering the metaverse, how can businesses protect their intellectual property—particularly the goodwill in their brands—in a transient world where goods and services are intangible?
By Riley Brennan | September 6, 2024
While the court has found Birkenstock has met its burden from the pleading standpoint in the early stages of the litigation, the defendants say Birkenstock won't be able to prove its case on the merits, said White Mountain's New York-based attorney Edmund J. Ferdinand III of Meister Seelig & Fein.
By Isha Marathe | September 5, 2024
The court rejected an appeal from the nonprofit digital library and owner of the Wayback Machine, stemming from a lawsuit brought by Hatchett, Penguin Random House, Wiley and HarperCollins over Internet Archive's practice of scanning and lending digital books.
By Isha Marathe | September 4, 2024
U.S. District Judge Pamela Chen of the Eastern District of New York issued a preliminary injunction against Shkreli preventing him from streaming or disseminating copies of the one-of-a-kind Wu-Tang Clan album he forfeited as part of his criminal fraud conviction in 2017.
By Colleen Murphy | September 3, 2024
The jury's split decision—finding for defendants as to trademark and fair use, for plaintiff as to UDTPA and the Lanham Act, and for one defendant but against another as to copyright—is a strong indicator that plaintiff's claims were not as 'inextricably interwoven' as they may seem," wrote U.S. District Judge Max O. Cogburn Jr.
By Michelle Morgante | August 30, 2024
Tushbaby's viral popularity led its inventor to land a "Shark Tank" appearance, but now it's fending off imitators it says are originating in China.
By Adolfo Pesquera | August 28, 2024
Chicago-based Harry Caray Ltd. filed suit in Texas against a company with operations in Texas and New York, alleging trademark infringement of the late Major League Baseball game day announcer's trademarked "Holy Cow!" catchphrase.
By Howard J. Shire and Justin Tilghman | August 28, 2024
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
By Michelle Morgante | August 27, 2024
The New York-filed complaint says the woman using the name "Linda Ramone" is falsely claiming ownership of the Ramones' legacy and intellectual property.
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