Monthly Archives: November 2014

Protecting Against Counterfeiting

Counterfeiting is at an all-time high with the internet as a major global retail hub.  The problem with counterfeit goods is that they are usually inferior quality and dilute the brand and its reputation with the consumer as a source … Continue reading

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Graffiti Artist Sues American Eagle for Copyright Infringement

Ahol Sniffs Glue, a graffiti artist, uses his public art to express his social activism message and counter-cultural criticism.  His Ocean Grown graffiti mural is displayed on a public building in Miami.  American Eagle launched an advertising campaign where the … Continue reading

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Five Questions to Ask When Deciding Whether to Pursue Patent Protection

1. Will you have the ability to detect an infringement and enforce your patent rights?  If not, trade secret protection might be considered as an alternative strategy. 2. Are there easily available alternative products or technologies that can perform the … Continue reading

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A&E Television Studies Sue for Trademark Infringement over Duck Dynasty Slogan, “My Favorite Color is Camo”

Hard to believe, but even big companies like A&E forget to do trademark clearance searches before they launch new products.  In this case, there was a federally registered mark for “My favorite color’s camo” (emphasis added).  A&E started selling Duck … Continue reading

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Protecting the Look and Feel of a Website

Trade dress is packaging, design and shape of a product that serves to identify its origin.  The look and feel of a website can potentially be protected as trade dress, at least with respect to technical aspects that are non-functional.  … Continue reading

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UGG v. JC Penney, Sears & Walmart

Thanks to Oprah Winfrey’s endorsement in 2000, UGG boots have risen to celebrity status in the shoe world.  I can attest to the fact that most teens and tweens wear UGG boots with everything from shorts and skirts to yoga … Continue reading

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Seven Things Employers Can Do to Protect Their Intellectual Property and Trade Secrets

Employees and key company executives have access to proprietary business information that can be key to the company’s market position.  Protecting this critical information is top priority for any business.  There are seven basic things any business can do to … Continue reading

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Starbucks vs. Charbucks – An Example of How Difficult It Can Be to Prevail in Court on Trademark Dilution Claims

Black Bear Micro Roastery has coffee flavors named “Mr. Charbucks” and “Charbucks Blend”.  Starbucks Corporation was not amused and sued the micro-roaster for trademark dilution and blurring.  Although Starbucks did meet the standard for a famous mark, the court found … Continue reading

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