The U.S. District Court for the Eastern District of Virginia, in a case of first impression, held that Article 6bis of the Paris Convention, the famous marks provision, does not provide trademark rights that are protectable under Section 14(3) (misrepresentation of source), Section 43(a)(1)(A) (infringement of an unregistered mark) and Section 43(a)(1)(B) (false advertising) of
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Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plains
A jury in the Southern District of New York (White Plains) awarded a complete victory to Triboro Quilt Manufacturing Corporation in its lawsuit against Luve LLC arising from an exclusive license agreement between the parties. Under the agreement, Triboro licensed a patent pending bath blanket (designed to keep babies warm in the bath) along with…
Recent Case Tweets
Filing at 7pm blew it
PAYCOM v. NFP
WD OK
This is a fact pattern where the DJ Pltf DOES NOT get choice of forum
http://t.co/WZdfpdF5BD
— TrademarkBlog (@TrademarkBlog) January 4, 2015
DENT DOCTOR v DENT CLINIC
ED Wisc
Def tries to buy its way out of injunction w/ sr. remote user license – nope
http://t.co/LtvJD1ZzyK
— TrademarkBlog (@TrademarkBlog)
…
Cool Gear v Silver Buffalo re Trade Dress in Water Bottle Cap
“. . . a distinctively configured flip forward spout and elegant elliptical, angled loop handle at the top, and at the side, distinctive texturized surfaces and raised vertical bars, interspersed around the side of the cap.”
cool gear flip and flow cap complaint
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ED VA Denies Blackhorse Motion to Dismiss In REDSKINS District Court Appeal
You need a little background on this. There was an inter-partes proceeding before the Trademark Trial and Appeal Board, where the Blackhorse petitioners successfully petitioned the TTAB to cancel Pro-Football’s REDSKINS trademark on the grounds that the marks were ‘scandalous, disparaging and may bring Native Americans into contempt or disrepute’ under Section 2(a) of the…
5000 Trademark Blog Posts
There have been 5000 posts on The Trademark Blog since May 2002. If your trademark attorney had read all 5000 posts, then they would be informed. If they had written all 5000 posts, then they would be me.
Recent District Court Decisions
Chanel, Inc. v. PUKA CREATION,
CD Cal
A 'by the books' counterfeiting TRO
http://t.co/XQKI6Vt741
— TrademarkBlog (@TrademarkBlog) November 24, 2014
Couldn't concentrate on the discussion of damages, due to the din of Billy Preston singing 'Nothing from Nothing'
http://t.co/wZFCVDKPP4
— TrademarkBlog (@TrademarkBlog) November 24, 2014
PLAYVISION v. NINTENDO,
WD N.C.
"Email works everywhere" insufficient argument against
The Evolution of Slogans

Source: BestMarketingDegrees.org
Leason Ellis v Patent & Trademark Agency LLC Final Consent Judgment
LE v PT_A consent judgment.pdf
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Will The Real Virtual Marilyn Monroe . . .
Marilyn Monroe is one of the most valuable ‘personas’ ever (its a little ghoulish to put it that way but there you are). I have blogged many disputes relating to Marilyn Monroe’s personality rights (or lack thereof).
Now we have a declaratory judgment action relating to the creation of a ‘Virtual Marilyn.’
The image…



