2016

short version: nothing to do immediately regarding existing EUTMs; might want to consider back-up UK filing for new EU TMs.

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Footnote two is a contender for funniest Supreme Court footnote this term.

Justia’s Summary:

Kirtsaeng bought low-cost foreign edition textbooks in Thailand and resold them to students in the U.S. In 2013 the Supreme Court held that Kirtsaeng could invoke the Copyright Act’s “first-sale doctrine,” 17 U.S.C. 109(a), as a defense to the publisher’s…

Justia’s summary:

The Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. 512(c), establishes a safe harbor which gives qualifying Internet service providers protection from liability for copyright infringement when their users upload infringing material on the service provider’s site and the service provider is unaware of the infringement. Plaintiffs filed suit against Vimeo…

GuthrieLogo3CLRPOS415

context health

Plaintiff Guthrie operates medical facilities, Defendant ContextMedia provides a digital network for advertiser (read: pharma)-sponsored medical information displayed on screens in doctors’ offices. Plaintiff operates in the Twin Tiers region, which is Southern New York and Northern Pennsylvania. Defendant operates in all 50 states. At the District Court level, Defendant was enjoined from doing business…

GuthrieLogo3CLRPOS415

context health

Plaintiff Guthrie operates medical facilities, Defendant Context Media provides a digital network for advertiser-sponsored medical information displayed on screens in doctors’ offices.

Nespresso-Capsules

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A very good comprehensive intro to copyright and trademark protection of fashion, written by Jessica Elliot of the Camuto Group, for INTA’s Industry Perspectives papers

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Nike had an endorsement contract with Boris Berian, a middle-distance track star who is expected to make the US Olympic team. Nike had a right of first refusal with regard to new agreements. Berian presented an offer from rival footwear manufacturer, New Balance. There is a dispute as to whether Nike matched New Balance’s offer,…

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