January 2010

January 29, 2010 3:25 PM | Posted by Williams, Nikkya | Permalink

“Who dat? Who dat? Who dat say dey gonna beat dem Saints?” Apparently, the National Football League

A television station in New Orleans reported that earlier this week the NFL sent cease and desist letters to several small business owners regarding their use of “Who Dat” and the fleur de lis on merchandise and now the Who Dat Nation is up in arms.

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January 27, 2010 3:52 PM | Posted by Williams, Nikkya | Permalink

Ilich Ramirez Sanchez, aka world-famous terrorist Carlos the Jackal, wants final cut of a French documentary about his life and is willing to sue to get it, according to a story in the Washington Post.  Ramirez, sentenced to life in a Paris prison, has filed suit against French production company Film in Stock, demanding that it give him three months to review the content of, and impose changes to, the documentary once it’s completed in order to protect his intellectual property rights in his name and biographical image. He’s worried that the documentary will be a propaganda film unless he can monitor its accuracy. Isabelle Coutant-Peyre, Ramirez’s attorney and wife, also alleged that Film in Stock planned to portray Ramirez as the instigator of several terrorist attacks for which he was not convicted in violation of his right to presumption of innocence.

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January 14, 2010 5:27 PM | Posted by Williams, Nikkya | Permalink
Stanford (Go Cardinal!) wasn’t the only thing in Northern California upsetting the balance of the National Collegiate Athletic Association (“NCAA”) during the college football season. Since May 2009, eight putative class action lawsuits have been filed in the Northern District of California accusing the NCAA and its authorized licensing company, Collegiate Licensing Company (“CLC”), of violating either the Sherman Antitrust Act or individual student-athletes’ rights of publicity or both in the licensing of student-athletes’ likenesses to third parties. There’s also another case pending in the Eastern District of Tennessee. The name plaintiffs are all former student-athletes who were members of either NCAA Division I football teams or men’s basketball teams. read more
January 6, 2010 2:57 PM | Posted by Christine Klenk | Permalink
In 2009, several important trademark decisions and rulings issued, impacting trademark practice with respect to the topics discussed below:
Fraud/Maintaining Trademark Registration: The most notable decision, In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938, (Fed. Cir.2009) heightened the requirements to successfully establish a claim of fraud as a basis for cancellation of a trademark registration. Prior to Bose, under Medinol v. Neuro Vasx, Inc., 67 USPQ2d 1205 (T.T.A.B. 2003), fraud was found where a party made a material statement that it knew or should have known to be misleading. read more