Trademarks
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Key Takeaways From the USPTO’s Guidance on AI Use
On April 10, 2024, the United States Patent and Trademark Office ("USPTO") issued guidance to attorneys about using AI in matters before the USPTO. While . . .
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Sprint puts an end to entrepreneurs’ efforts to revive NEXTEL brand
Plaintiff Sprint (owner of the NEXTEL brand) sued defendant business owners, asserting claims for trademark infringement, cybersquatting and counterfeiting. Beginning in 2016, defendants – apparently . . .
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Redirecting URL was unlawful but did not cause damages
In the months leading up to the FDA shutting down plaintiff's business, one of the co-owners of the business left and set up a competing . . .
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Can the owner of a company be personally liable for what the company does?
One of the major benefits of forming a corporation or limited liability company is the shield from personal liability the business entity provides to its . . .
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MetaBirkins defendant denied of opportunity to exhibit NFT artwork in Swedish museum
In February 2023, Sonny Estival, known by his pseudonym "Mason Rothschild," was found liable by a jury on a number of claims, including intentional trademark . . .
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Peloton did not infringe trademark rights of fitness app maker
Plaintiff used the mark BIKE+ in connection with a fitness tracking app and obtained a federal registration for the mark. It sued defendant Peloton for . . .
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Who owns the trademark rights in the name of a user-created community?
In the realm of online communities, where does the ownership of trademark rights lie – with the platform hosting the community or the individual user . . .
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No ACPA injunction because mark was not distinctive when domain name first registered
This case had a bit of a weird result – even though the brand owner had a mark that was 20 years old, and the . . .
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cPanel gets injunction to shut down sophisticated counterfeiting enterprise
The purveyor of cPanel - the well-known hosting automation software - has successfully obtained an injunction against an overseas enterprise accused of engaging in an . . .
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Online platforms will have to answer for sales of alleged counterfeit products
A federal court in New York has denied the motion to dismiss filed by Chinese online platforms Alibaba and AliExpress in a lawsuit brought . . .