September 2010

September 28, 2010 7:37 PM | Posted by Williams, Nikkya | Permalink

The epic battle that could have been Lindsay Lohan v. E*Trade came to a quiet end last Wednesday when the parties settled and stipulated to withdraw the lawsuit with prejudice.  This after a long summer of heavy briefing, however.  Here’s the tale of the tape for all of you keeping score at home.

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September 21, 2010 6:00 PM | Posted by Fountain, Jonathan | Permalink

Websites beware.  Once a mighty empire, the newspaper industry -- an industry that has blamed the Internet for more than a decade’s worth of declining readership and advertising revenues -- is striking back.  If you own a website and a newspaper article from the Las Vegas Review-Journal (the “Review Journal”) has been posted on your website then you are in the crosshairs and are at risk of being sued for copyright infringement.  Righthaven LLC (“Righthaven”), a Las Vegas-based startup, wants your money and it will take you to federal court to get it.  “Grubstaked” by Stephens Media LLC, the publisher of the Review-Journal, Righthaven is making big business out of suing websites whose users have posted copies of Review Journal articles in website discussion threads, forums, and blogs.  Righthaven has sued website owners and operators located throughout the United States and Canada for violating U.S. copyright laws. 

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September 7, 2010 5:51 PM | Posted by Kouchoukos, Robert B. | Permalink

On August 6, 2010, New York Senator Charles Schumer introduced a new bill entitled the “Innovative Design Protection and Privacy Prevention Act” ("IDPPA") which would amend the U.S. Copyright Act to grant certain protections to new and original fashion designs.   While U.S. design patent and trade dress laws currently offer limited protections, the passage of the IDPPA would bring U.S. laws in line with those in the European Union, Japan and other foreign fashion markets that have long extended broader legal protections to unique and novel fashion designs.

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September 1, 2010 6:23 PM | Posted by Horne, Alexandra | Permalink


Maker’s Mark Distillery, Inc. (“Maker’s Mark”) brought suit against Tequila Cuervo La Rojena S.A. de C.V., Casa Cuervo S.A. de C.V., Jose Cuervo International, Inc. (“Cuervo”) and their U.S. distributor, Diageo North America, Inc. (“Diageo”) in the U.S. District Court, Western District of Kentucky, at Louisville, alleging that the Defendants violated federal trademark and common law, by producing and distributing a bottle of tequila capped with a red dripping wax seal similar to the seal Maker’s Mark had used for over 50 years. Maker’s Mark alleged (1) federal trademark infringement, (2) false designation of origin, (3) dilution, and (4) common law trademark infringement and unfair competition under the laws of Kentucky.

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