Category Archives: Trademark/IP

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Duke U. Scores Win Against The Duke

We reported on July 16, 2014 that John Wayne Enterprises, LLC (“JWE”), the entity owning the rights to the name, image, and likeness of John Wayne, a.k.a. The Duke, had sued Duke University in California federal court to protect JWE’s right to market alcohol products with the mark “Duke” or “Duke John Wayne.”  Duke University … Continue Reading

Registration v. Application: Is the Battle Over?

I was attending the recent annual meeting of the Copyright Society of the USA and listening to a presentation by the always eloquent Maria Pallante, the Register of Copyrights, when she made a comment that startled me regarding a controversial issue.  The issue being whether one must have a registration or simply a pending application … Continue Reading

Venable LLP’s 2014 Intellectual Property Symposium

Our colleagues in the Intellectual Property group have an upcoming event in Washington DC that we’re so excited about that we just can’t help plugging it here. Venable is sponsoring a half-day IP- law symposium on Wednesday, September 10 at our Washington DC offices. Our Venable colleagues who are experts in areas such as trademarks, … Continue Reading

Using Copyright to Protect Your Brand’s Characters

In advertising when one says “Brand Protection”, they instinctively think of trademark protection.  An often overlooked tool is copyright protection.  If in advertising you have developed a “character” (think Progressive Insurance’s “Flo” character or Haverty’s “Emily”) or have an object (think Geico’s Gekko or the Batmobile) that is essential to your advertising campaigns, under the … Continue Reading

Advertisers, Don’t Get Caught in the Cold with the SuperBowl, the Olympics and March Madness: Pay Attention to Trademarks!

As we shiver and bundle up against the Polar Vortex here in DC, we are fast approaching the biggest event of the advertising year—the Super Bowl®—held for the first time in the wintry conditions of New Jersey).  With the Olympic Games® in Sochi, Russia after that, and March Madness® following soon thereafter, February and March … Continue Reading

March 26: It’s time to protect your brands against the onslaught of new top-level domain names!

The number of top-level domains, which are currently a handful such as .com, .net, .org, .gov, .mil, .edu, .mobi, .jobs, .xxx will be expanded to well over 1,000, such as .sport, .eco, .berlin, .web, .art, .android, .auto, .cloud, .film, .movie, .wedding and many others. The application process has been under way since 2012 and ICANN … Continue Reading

Fashionistas Rejoice! Second Circuit Orders Win/Win For Loubotin and Yves St. Laurent

Fashionistas can rejoice now that the Second Circuit has overturned the District Court’s ruling that would have stripped Louboutin of its trademarked Red Sole Shoe. But YSL also scored a victory, of sorts, in that YSL can still sell their monochromatic red shoe that also features a red sole not withstanding Louboutin’s enforceable trademark. Louboutin … Continue Reading

Going For The Gold Without Getting Disqualified — Marketing Around The Olympics

As the anticipation for the Olympics grows, companies big and small look to grab the attention of these fans by associating themselves with the games. For the Olympics, the host organizing committee, individual country committees, and television partners this means big business by selling sponsorships and licensing use of their intellectual property. But as recent … Continue Reading

Fourth Circuit Revives Rosetta Stone’s Claims Against Google Over Its AdWords Program

In a closely watched battle, the Fourth Circuit breathed life back into Rosetta Stone Ltd.’s trademark infringement and dilution claims against Google, Incorporated stemming from its AdWords program.  Google’s AdWords program allows advertisers to purchase “keywords” that trigger the advertiser’s ads when the keyword is entered as a search term in Google.  In a series … Continue Reading