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02 March 2009

Chicago’s Graffiti Blasters programme triumphs in court

In Garcia v City of Chicago, the US District Court for the Northern District of Illinois has ruled in favour of the City of Chicago in a trademark infringement case involving the city’s well-known Graffiti Blasters programme. The court granted the city’s motion for summary judgment on laches grounds and dismissed the case with prejudice.

02 March 2009

Intel sued for cybersquatting in NETBOOK battle

Intel has been countersued for trademark infringement, unfair competition and cybersquatting in the latest development of the NETBOOK dispute.

27 February 2009

Bank of America's IP counsel urges vigilance over trademarks

Banking trademarks are at greater risk during the recession as fraudsters prey on concerned consumers, says the IP corporate counsel at the world’s largest bank.

17 February 2009

Pharma merger promises sweeping IP shake-up

In-house counsel at merging pharma businesses Wyeth and Pfizer face an uncertain future when the new entity looks to slash costs and increase efficiency. But, as WTR has discovered, the drugs companies have other problems to consider: from opportunistic counterfeiting to merging two very different IP teams.

16 February 2009

Jones Day settles highly controversial trademark dispute

Jones Day has reached a settlement with BlockShopper in its trademark dispute over the real estate company’s use of web links to the law firm’s website.

13 February 2009

Federal law, not tribal law, governs infringement case, says Ninth Circuit

In Philip Morris USA Inc v King Mountain Tobacco Co Inc, the US Court of Appeals for the Ninth Circuit has considered whether a tribal court had jurisdiction over a non-member’s federal trademark and related state law claims against tribal defendants. The court held that the tribal court did not have jurisdiction over the tribal action insofar as it implicated the non-member’s federal trademark infringement claim.

10 February 2009

Obama transparency in conflict with ACTA secrecy

Leading US think tanks are relying on President Obama’s commitment to transparency in their legal challenge to the secrecy surrounding the negotiations over the Anti-counterfeiting Trade Agreement.

10 February 2009

Trademark protection for intelligent designs

Last year, adidas won $300 million in damages in its famous trademark infringement case against Payless. The award was later reduced and now both sides have appealed, prolonging a lively debate over dilution of a famous mark and the extent to which the question of confusion can bleed into legitimate third-party designs. WTR spoke to corporate counsel at adidas, Asics and K-Swiss to hear how they build their cases.

05 February 2009

US law firms threatened by pharma merger

The Pfizer-Wyeth merger could have a damaging impact on law firms, a well-known US IP practitioner has warned.

27 January 2009

Mark owners clash in virtual trademark revolution

Virtual worlds are seen by many as the next frontier in technological development. Several low-profile disputes over intellectual property in virtual worlds have settled, but a US lawsuit focusing on trademark infringement could be the first to go to court. And it may even rewrite trademark law.

19 January 2009

Fifth Circuit applies trademark protection to universities’ colour schemes

In Board of Supervisors for Louisiana State University Agriculture and Mechanical College v Smack Apparel Co, the US Court of Appeals for the Fifth Circuit has upheld a district court decision recognizing trademark rights in the colour schemes used by certain major universities. Although it was agreed that the colours were not inherently distinctive, the universities successfully established secondary meaning.

12 January 2009

Gallup's US action against Pakistani firm allowed

In Gallup Inc v Business Research Bureau (PVT) Ltd, the US District Court for the Northern District of California has held that Gallup Inc had sufficiently alleged that the activities of the defendant (a Pakistani firm doing business as Gallup Pakistan) occurred in the United States in order to establish subject matter jurisdiction.

12 January 2009

US mark owner bows to public opinion in MONSTER dispute

A US brand owner known for filing aggressive trademark infringement suits has agreed on a landmark settlement that ignites a debate on the fine line between policing a valuable mark at the expense of a good reputation.

12 December 2008

‘Flimsy’ Jones Day claims survive dismissal

In a decision that has generated howls of protest among observers, the US District Court for the Northern District of Illinois has declined to dismiss the service mark infringement and dilution claims brought by law firm Jones Day against real estate website Blockshopper.com. The case has raised concerns about a potential encroachment of trademark law into the field of online news reporting.

12 December 2008

Entrepreneurs use eBay to raise funds for trademark dispute

A small business in the United States is fighting a trademark infringement allegation by inviting supporters to fund the challenge via eBay.