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The Trademark Blog

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Published by Martin Schwimmer

Famous Marks

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Maybe the Lanham Act Should Be Amended To Create A ‘Reputation WIthout Use’ Cause of Action Derived From Article 6Bis

By Marty Schwimmer on April 24, 2009
Posted in Famous Marks

John Welch blogs about a precedental TTAB case holding that Section 44 of the Lanham Act doesn’t create a ‘famous marks’ cause of action here. He reproduces an email I sent to the INTA listserv, suggesting that maybe the Us should amend its act to include a cause of action that US companies have utilized…

I’ll Go First. CHANEL.

By Marty Schwimmer on December 19, 2008
Posted in Famous Marks

Wall Street Journal discusses whether its a good idea to maintain a brand after the designer dies.

Reputation Without Use Of Trademarks In The US

By Marty Schwimmer on December 15, 2008
Posted in Famous Marks

TMR: DON’T I KNOW YOU FROM SOMEWHERE? PROTECTION IN THE UNITED STATES OF FOREIGN TRADEMARKS THAT ARE WELL KNOWN BUT NOT USED THERE By Anne Gilson LaLonde

Lacoste vs Dentist?

By Marty Schwimmer on January 6, 2008
Posted in Famous Marks

Vogue UK: “Lacoste Has Little To Smile About After Losing Its Copyright (sic) Case – Against A Dental Practice”:

French fashion giant Lacoste has lost its court battle against a Gloucestershire-based dental practice, after arguing in court that the surgery’s use of a crocodile logo was too similar to the famous trademark found on

…

Protection Of Foreign Famous Marks In NY

By Marty Schwimmer on December 18, 2007
Posted in Famous Marks

43(B)log: “If You Can Make It Anywhere, You Can Make It Here.”
“The Second Circuit certified two questions to the New York Court of Appeals. That court concluded that New York does have a common-law unfair competition claim, but that doesn’t include the famous/well-known marks doctrine. Except insofar as it actually does .

TimeLine in J&J v Red Cross Case

By Marty Schwimmer on August 14, 2007
Posted in Famous Marks

Discourse.net (Prof Froomkin) constructs a timeline in the Johnson Johnson / Red Cross dispute regarding the Red Cross symbol.

What Should BLACKBERRY Do About REDBERRY In China?

By Marty Schwimmer on April 12, 2006
Posted in Famous Marks

blackberry.jpg
Let’s say you’re RIM, owner of the BLACKBERRY trademark. After years of trying to get into China market, just as you launch, you discover that a Chinese telecom giant has just launched its own wireless email product named REDBERRY.
What do you do?
Well, you could contact a great Chinese trademark lawyer like Spring Chang…

Famous Marks In Canada

By Marty Schwimmer on March 31, 2006
Posted in Famous Marks

IPFrontline.com: ‘Champagne and Barbie in the Supreme Court of Canada‘

STARBUCKS in Russia

By Marty Schwimmer on November 17, 2005
Posted in Famous Marks

Starbucks has gained the upper hand in its travails in using the STARBUCKS mark in Russia, via Forbes.

Protection of JVC As Well-Known Mark In India

By Marty Schwimmer on November 1, 2005
Posted in Famous Marks

Via Mondaq, discussion of recent case involving protection of JVC as a well-known mark.

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