As any copyright lawyer worth her salt will tell you, it’s nearly impossible to own a copyright to a single sentence, title or slogan. Too bad for Bulwer-Lytton writing contestants. Inspired by the writings of the author of the famous, overly wordy opening sentence which began, “It was a dark… more >
Edward Kelly Brings Anti-Counterfeiting Practice to LGP. Edward Kelly has joined LaRiviere, Grubman & Payne to become Director of its Asian Operations. Although Monterey is the “world headquaters” of LGP, Ed will work out of LGP’s Bangkok, Thailand office while shuttling to Hong Kong, Monterey and other client sites. In… more >
Most people who purchase fake Prada bags and knock–off Louis Vuitton luggage probably don’t associate their new wares with child labor or slaves chained to sewing machines, but that’s exactly what consumers are supporting when they buy these items. There are slaves and children 11, 12, 13 years old, working… more >
The sale of counterfeit goods by sellers based in foreign countries has, unfortunately, become a familiar problem to many companies. Fake goods originating from countries such as China and Thailand are increasingly making their way directly to buyers in the U.S.. The foreign counterfeiters sell their illicit goods to U.S.… more >
US trademark owners rightly are concerned about infringement and protecting their marks online. Such concerns bear on auction sites like eBay and user names chosen by its members. Fear not. US trademark law still applies. See, 15 U.S.C. §1051 et seq. Problem: eBay user names and trademark infringement Standard: Likelihood… more >
So your revolutionary product is sustainable, biodegradable, eco-friendly, and/or carbon neutral? Prove it. That is what the Federal Trade Commission (“FTC”) has been saying. The FTC took action this last summer against allegedly false, unsubstantiated “green-washing” claims, when it filed three administrative lawsuits against companies (notably among them, Kmart Corp.)… more >
By now, many trademark attorneys are aware of the recent decision of In re Bose Corporation and that the Court of Appeals for the Federal Circuit (CAFC) held that fraud on the PTO includes only those times when a party knowingly makes false material representations with the intent to deceive… more >
"It’s the thought that counts.” This common refrain may suffice in various social settings but it is simply not enough before the Trademark Trial and Appeal Board. The best of intentions will need to be supported by objective evidence when it comes to an applicant’s bona fide intent. When filing… more >