Last month we wrote about ICANN’s new gTLD objection procedure. Another aspect of the procedure is the possibility that disputing parties could be forced into an auction for the right to operate their applied-for gTLDs. For Legal Rights, Limited Public Interest, and Community Objections, the result of winning an objection is relatively straightforward—the application is… Continue Reading
Tag Archives: trademark
Protecting Your “.trademark”: ICANN Clarifies Procedure for Objecting to New gTLDs
Posted in UncategorizedIt has been almost two years since the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it would accept applications for the registration of new generic top level domain names (gTLDs), increasing the number of domain name endings beyond .com, .net, and .gov. ICANN currently is conducting its initial evaluation of the approximately… Continue Reading
The Need for Careful Diligence in Drafting License Agreements Reinforced By Eighth Circuit Affirmation That a Perpetual, Royalty-Free Trademark License is an “Executory Contract”
Posted in UncategorizedOne of the most powerful tools a chapter 11 debtor has is the ability to assume or reject executory contracts under section 365 of the Bankruptcy Code. In bankruptcy parlance, when a debtor “rejects” an executory contract, it is considered as though the debtor breached the agreement as of the date it filed for bankruptcy… Continue Reading
The Use and the Fury: Faulkner Estate’s New Enforcement Efforts
Posted in UncategorizedIn a pair of lawsuits filed about a week ago, Faulkner Literary Rights, LLC (“Faulkner Literary”), the owner of the literary rights to the late William Faulkner’s works, sued Sony Picture Classics (“Sony”), as well as Northrop Grumman Corporation (“Northrop Grumman”) and Washington Post Company (“Washington Post”) in the federal district court for the district… Continue Reading
Second Circuit to Rule on Whether Oprah Owns Her Power to Use Phrase
Posted in UncategorizedThe October 2010 issue of O Magazine graced stands bearing a host of motivational commands: “Tap Into Your Strength,” “Unlock Your Inner Superstar,” “Focus Your Energy,” “Let Your Best Self Shine,” and—most prominently—“Own Your Power.” The issue promoted a sponsored event called “Own Your Power,” described as a panel discussion about power. Afterwards, the Oprah… Continue Reading
Louboutin’s Soles are Red, Tiffany Boxes are Blue . . .
Posted in UncategorizedSingle color trademarks are registerable, protectable, and enforceable. So held the Second Circuit in its long awaited decision in the Christian Louboutin SA v. Yves Saint Laurent America Holding Inc. case. In doing so, the Second Circuit rejected the District Court’s finding that Christian Louboutin’s trademark on red-soled shoes may be invalid in itself and… Continue Reading
A (Sun)beam of Hope for Trademark Licensees in Bankruptcy Court
Posted in UncategorizedIn a recent decision authored by Chief Judge Easterbrook, the United States Court of Appeals for the Seventh Circuit (Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, Docket No. 11-3920 (7th Cir. July 9, 2012)) held that the licensee of a trademark does not necessarily lose the right to use the licensed marks when a… Continue Reading
Louis’ Hangover
Posted in UncategorizedA federal judge has dismissed Louis Vuitton Malletier SA’s trademark infringement suit against Warner Bros. Entertainment Inc. over the studio’s use of a knockoff bag in “The Hangover Part II.” U.S. District Judge Andrew L. Carter Jr. granted Warner Bros.’ motion to dismiss after finding that public confusion as to the bag’s origin was unlikely,… Continue Reading