Library Search
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Parody Use of Trademarks ( October 2007 )
Parody usage of trademarks is quite prevalent in our society, for a wide variety of uses. However, with a large number of cases litigated, it is inevitable that courts would apply judicial standards inconsistently. -
Leonardo, Lingerie And George Of The Jungle: Practical Considerations In Trademarks And Licensing ( February 2005 )
Trademarks play an increasingly important role in most businesses, yet many companies still deal with them on an ad hoc basis. There are a number of areas companies can focus on to maximize the value of their trademarks. Brand management encompasses everything from providing basic guidelines on proper trademark usage, to drafting complex licensing agreements, to coordinating IP audits, to conducting due diligence in corporate transactions, and administering domain name policies. -
The Federal Trademark Dilution Act -- Much Hobbled One Year After Victoria's Secret ( February 2004 )
The purpose of the Federal Trademark Dilution Act is to protect famous trademarks from third party uses. However, with a few particular exceptions, the FTDA has failed to live up to its potential, and has failed to provide owners of famous marks the protection that they rightly or wrongly anticipated. -
IP Patent Strategy Seminar. Seminar Summaries of Speakers James D. Nguyen & William J. Robinson of Foley & Lardner ( September 2003 )
James Nguyen, Senior Counsel at Foley & Lardner, presented two discussions, the first entitled "Post-Registration Strategic Maintenance and Protection of Your Trademarks." He noted that "Trademarks can be a powerful sword, but needed to be actively shielded to protect their strength." Next, William J. Robinson, a Partner at Foley & Lardner, presented a discussion on IP Litigation strategies. His talk primarily focused on managing IP litigation costs, an area that has seen tremendous expansion, both in terms of amounts that clients have at stake and the price of participating in an IP case. -
Post-Registration Strategic Maintenance and Protection of Your Trademarks ( September 2003 )
James Nguyen, Senior Counsel at Foley & Lardner, presented two discussions, the first entitled "Post-Registration Strategic Maintenance and Protection of Your Trademarks." He noted that "Trademarks can be a powerful sword, but needed to be actively shielded to protect their strength." Nguyen covered several helpful tips for managing a trademark portfolio. -
It's No Secret - The Supreme Court Rules on the Federal Trademark Dilution Act ( August 2003 )
The United States Supreme Court does not accept many trademark cases for review, and so on those rare occasions when the Court interprets the Lanham Act, trademark lawyers and their clients are usually eager to read what the Court has to say. -
The Trademark Trial and Appeal Board is Not "Bullish" On Dilution ( August 2003 )
In 1999, the Trademark Amendments Act revised the Lanham Act to add dilution as ground for opposing an application or canceling a registration before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office. -
Supreme Court Opinion Rules that the Federal Trademark Dilution Act ("FTDA") Requires Proof of Actual Dilution ( March 2003 )
In a surprising decision with important ramifications for owners of famous trademarks, the Supreme Court ruled unanimously on March 4, 2003 that the Federal Trademark Dilution Act ("FTDA") requires proof of actual dilution. <i>Mosely v. V Secret Catalogue, Inc.</i>, No. 01-1015. Justice Stevens, writing for the Court, concluded that the FTDA "unambiguously requires a showing of actual dilution, rather than a likelihood of dilution." -
U.S. Supreme Court Dilution Case -- Victoria's Secret ( March 2003 )
On March 4, 2003, the U.S. Supreme Court delivered a blow to famous trademarks. In a unanimous ruling against Victoria Secret in its claim against a mom and pop Kentucky store selling lingerie and adult novelties under the brand "Victor's Little Secret", the court required a showing of actual damage from "blurring and eroding the distinctiveness" of the famous mark. -
I Know It When I See It: A Practitioner's Guide To Identifying Third Party Trademarks That Are Likely To Dilute ( October 2002 )
<i>Dilution</i>. To a chemist, it refers to the process of reducing the concentration of a solute in solution, usually simply by mixing with more solvent. But to a trademark lawyer, it is the raison de'etre for the Federal Trademark Dilution Act (FTDA), which provides in part that the owner of a famous mark is entitled to relief against another person's commercial use in commerce of a mark, "if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark."