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16 April 2010

Tiffany loses to eBay in latest online trademark infringement battle

In Tiffany (NJ) Inc v eBay Inc, the US Court of Appeals for the Second Circuit has affirmed in part and reversed in part a July 2008 district court’s holding. Among other things, the Second Circuit agreed with the lower court's holding regarding trademark infringement, stating that eBay made a lawfully nominative 'fair use' of the famous TIFFANY mark.

30 March 2010

Espinel must heed brand owners' call for cooperation

Victoria Espinel has set to work on her colossal task of better coordinating IP enforcement across US government departments, with key stakeholders demanding increased government transparency and closer cooperation between agencies and industry.

16 March 2010

President Obama draws a line in the sand over ACTA negotiations

The Anti-counterfeiting Trade Agreement (ACTA) controversy shows no signs of abating, with President Obama stating that the United States will “aggressively protect our intellectual property”. The remarks came after the European Parliament passed a resolution calling for transparency in the ACTA negotiations, arguing that discussions should be limited to the existing European IP rights enforcement system against counterfeiting.

16 February 2010

Brand owner input to Special 301 review due today

Brand owners planning on submitting comments to the United States Trade Representative regarding the Special 301 review process must do so today if they wish to testify at a public hearing.

12 February 2010

United States pins hopes on ACTA to drive reform

An official working with the United States Trade Representative has told WTR that the Anti-counterfeiting Trade Agreement (ACTA) should address US trading partners' "areas for improvement".

18 January 2010

USTR invites brand owners to Special 301 hearings

The US government is, for the first time, seeking input from brand owners at public hearings as part of the annual Special 301 review process.

11 November 2009

Pennsylvania's Trademark Counterfeiting Statute held to be unconstitutional

In Commonwealth of Pennsylvania v Omar, the Supreme Court of Pennsylvania has affirmed a trial court decision in which the latter had held that the Trademark Counterfeiting Statute violated the First Amendment. Among other things, the Supreme Court held that the statute prohibited a substantial amount of protected speech and was thus unconstitutional.

27 October 2009

Request for multiple statutory damages award denied

In Tu v TAD System Technology Inc, the US District Court for the Eastern District of New York has held that a plaintiff is not entitled to multiple statutory damages awards for violations of the Copyright Act, the Digital Millennium Copyright Act and the Lanham Act. In doing so, the court took a position opposite of that taken by the Ninth Circuit.

02 September 2009

LVMH victorious in $32.4 million award against web host

The LVMH group has won $32.4 million in damages in its lawsuit filed in 2007 against internet hosting companies Akanoc Solutions and Managed Solutions Group.

29 July 2009

Speaking out: why brand owners must drive IP policy

The US government's appointment of its first IP enforcement coordinator has been severely delayed, but big business is nonetheless preparing to work more closely with government once the post is filled. WTR learns how brand owners need to manoeuvre themselves in the public arena if they are to drive understanding of intellectual property - in both the market and the White House.

20 July 2009

Second Circuit hears arguments in Tiffany appeal

The US Court of Appeals for the Second Circuit has heard Tiffany's appeal against a New York district court's decision to dismiss the jewellery company's trademark infringement claims against eBay.

08 July 2009

Removal of UPCs constitutes trademark infringement, says Second Circuit

The US Court of Appeals for the Second Circuit has upheld the district court’s grant of a preliminary injunction in a case in which the defendant had in its possession perfume in packaging having the unique production code removed. The decision shows that manipulation and mutilation of packaging can provide grounds for preliminary injunctive relief, even before a determination is reached as to the authenticity of the product.

02 June 2009

Taser's suit against owner of Second Life dismissed

Taser International Inc's suit against Linden Research for use of the TASER mark on Second Life has been voluntarily dismissed. The case illustrates the fact that trademark owners may no longer be able to ignore the extensive unauthorized commercial use of their intellectual property in virtual worlds such as Second Life.

08 May 2009

Insurer's hope for broad liability exclusion goes up in smoke

In Capitol Indemnity Corp v Elston Self Service Wholesale Groceries Inc, the US Court of Appeals for the Seventh Circuit has held that Capitol Indemnity Corp, a liability insurer, had a duty to defend Elston Self Service Wholesale Groceries Inc against various trademark claims due to the sale of counterfeit cigarettes.

09 April 2009

US government releases hazy ACTA summary

Bowing to pressure from IP owners and civil society groups, the United States Trade Representative has released a summary of the controversial Anti-counterfeiting Trade Agreement.