 | Trademark Law - Personal Names NEW! 10/12/2009 3:23:58 PM EST LaLonde on Use of Personal Name After Selling Related Trademark Rights
The fashion industry is replete with valuable personal name trademarks. After selling his rights to the registered trademark consisting of his name, one fashion designer waited out his non-compete agreement and began a new company. He wanted to use his name in advertising his new designs. The company that had purchased rights to his name objected. In this Analysis, Anne Gilson LaLonde discusses By Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Domain Names 9/29/2009 2:13:04 PM EST LaLonde: What Trademark Owners Must Know About the Impending Flood of gTLDs
In 2010, the Internet Corporation for Assigned Names and Numbers (ICANN) will drastically expand the number of generic top level domains (gTLDs) available online, adding to .com, .net and others. This move will trigger new opportunities for cybersquatters and will require trademark owners to make decisions about where to commit their scarce resources. In this Analysis, Anne LaLonde discussBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Registration 6/15/2009 10:10:55 AM EST Gilson LaLonde: A Call to Action About the Upcoming Surge of gTLDs
Addressing concerns about the trademark implications of the roll-out of new top-level domains in 2010, the Internet Corporation for Assigned Names and Numbers (ICANN) created the Implementation Recommendation Team (IRT) to make recommendations for trademark protection. The IRT’s final report makes several proposals intended to protect mark owners from the possibility of large expenditures and abusive registrations expectBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Infringement 5/4/2009 7:51:45 AM EST Anne Gilson LaLonde on Handling Trademark Problems Posed by Fan-Created Content
In the internet age, a tension has arisen between products and fans who express their product enthusiasm in various forms to the population as a whole. Such enthusiasm begs the question: Does fan fidelity boost the popularity of a trademark or does it threaten trademark rights? In this Commentary, Anne Gilson LaLonde discusses fandom and trademark rights and examines the handling of trademark problems posed by fan-created contBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Domain Names 4/13/2009 1:43:33 PM EST Anne Gilson LaLonde on the Dramatic Expansion of Generic Top Level Domains
The Internet Corporation for Assigned Names and Numbers (ICANN) will soon drastically expand the number of generic top level domains (gTLDs) available online. This move will trigger a new round of opportunities for cybersquatters and requires trademark owners to make several decisions about where to commit their scarce resources. Mark owners may choose to operate one or more gTLD registries of their own or to increase their poBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Prioritizing Resources and Organization for Intellectual Property Act 10/20/2008 9:58:50 AM EST How the PRO IP Act of 2008 Changes Trademark Anti-Counterfeiting Law
The PRO IP Act of 2008, officially the Prioritizing Resources and Organization for Intellectual Property Act, increases penalties for civil and criminal counterfeiting and creates a new intellectual property enforcement coordinator at the federal level. While the law’s primary focus is counterfeiting of copyrightedBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Infringement 9/29/2008 11:10:37 AM EST Gilson LaLonde on Tiffany Ultimately Responsible for Protecting Its Marks
In Tiffany, Inc. v. eBay, Inc., 2008 U.S. Dist. LEXIS 53359 (S.D.N.Y. 2008), the court held that eBay was not liable for contributory trademark infringement, though listings on its site offered counterfeit silver Tiffany jewelry for sale. In analyzing Tiffany, Anne Gilson LaLonde, the author of Gilson on Trademarks, examines eBay’s anti-counterfeiting procedures and Tiffany’s efforts to stop counterfeBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Infringement 5/14/2008 5:57:14 PM EST Gilson LaLonde: The Latest from the TTAB on the Doctrine of Foreign Equivalents
Do any of your clients use a foreign language trademark? If so, you need to understand the doctrine of foreign equivalents. The Trademark Trial and Appeal Board (TTAB) has published a number of precedential opinions developing the doctrine, under which foreign terms are translated into English before infringement or descriptiveness analysis. Anne Gilson LaLonde, author of Gilson on Trademarks, clarifies this confusing doctrineBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Infringement 4/16/2008 4:49:38 PM EST Anne Gilson LaLonde on Trade Dress Infringement by Store Brands
In McNeil Nutritionals v. Heartland Sweeteners, the Third Circuit ruled that store brand copies of national brands can have packaging that comes closer to that of the national brands than a competing national brand could, provided the store brand packaging displays the well-known store brand and does not copy the national brand’s packaging. Explaining the case, Anne Gilson LaLonde writes: By Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Infringement 3/25/2008 12:22:30 PM EST Gilson LaLonde on Rhoades v. Avon Products, Inc., 504 F.3d 1151 (9th Cir. 2007)
In the trademark infringement case, Rhoades v. Avon Products, Inc., 504 F.3d 1151 (9th Cir. 2007), the Ninth Circuit discusses what constitutes a real and reasonable apprehension of suit sufficient to create a justiciable case or controversy for declaratory judgment purposes. It also decides that threats of litigation are admissible under Federal Rule of Evidence 408 to show a real and reasonable apprehension of suit. FBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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| Trademark Registration 3/25/2008 12:16:05 PM EST Anne Gilson LaLonde on the TTAB Accelerated Case Resolution Procedure (ACR)
Accelerated Case Resolution (ACR) is the Trademark Trial and Appeal Board's new method for resolving cases expeditiously. It's a voluntary procedure in which the Board promises to decide the case in fifty days based on summary judgment-like submissions from the parties. In fact, the Board is requiring parties to discuss this streamlining option in their discovery/settlement conference. In this commentary, Anne Gilson LaLonde wBy Anne Gilson LaLonde Create an account or login to post comments. Continue reading >> |
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