ArticleSingle Color Not Protectable As TrademarkThe High Court of Delhi held in July 2018 that the designer's red sole is not protectable as a trademark in IndiaIndiaIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleAddition Of House Mark Does Not Eliminate Likelihood Of ConfusionA decision last year from the highest body within the Turkish Court of Appeal system held that the addition of a house mark does not mitigate likelihood of confusion. TurkeyIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleRegistered EU Rights Protected In UK Even If No Brexit DealIt is unclear whether a fee will be charged for these re-filings. United KingdomGovernment, Public SectorFross Zelnick Lehrman & Zissu, P.C.
ArticleCopyright Plaintiffs Can Collect – And It Is Not "A Dead Letter": Supreme Court Rejects Three-Year Damages Bar On Copyright Infringement ClaimsOn May 9, the Supreme Court held, in a 6-3 decision authored by Justice Kagan, that a copyright infringement plaintiff may recover damages that occurred far more than three years before a lawsuit's filing.United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleU.S. Copyright: The Music Modernization ActThe Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) was signed into law on October 11, 2018. As the name suggests, the law is aimed at updating music copyright laws for the digital age. United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleData Privacy: New Year, New LawsAs January 2025 draws to a close, five new states have taken their places in the patchwork of U.S. comprehensive privacy laws. The laws of Delaware, Iowa, Nebraska, and New Hampshire took effect on New Year's Day...United StatesPrivacyFross Zelnick Lehrman & Zissu, P.C.
ArticleNew Trademark LawOn November 13, 2019, the French government published Order No. 2019-1169, followed by an implementing Decree on December 9, 2019. FranceIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleResuscitating A Dinosaur: The Second Circuit Breathes New Life Into The VPPATo date, comprehensive U.S. state privacy laws, with limited exception, do not provide private rights of action. Enterprising plaintiffs' lawyers, however, have invoked the federal Video Privacy Protection Act ("VPPA")...United StatesPrivacyFross Zelnick Lehrman & Zissu, P.C.
ArticleSupreme Court Landmark Decision Declaring "The Internet Has No Borders"In what is being hailed as a landmark decision, the Canadian Supreme Court has affirmed a holding granting a global injunction against Google, even though it was a non-party to the underlying infringement action, requiring it to remove links from infringing websites from its global search results. CanadaLitigation, Mediation & ArbitrationFross Zelnick Lehrman & Zissu, P.C.
ArticleMichael Jordan Scores Over Chinese Trademark Pirate After Nine-year BattleA nine-year tussle between NBA legend Michael Jordan and an infamously successful cyber squatter, Qiaodan Sport Co. Ltd., for unauthorized use of Jordan's surname in Chinese culminated in the Shanghai No. 2 Intermediate People's Court ...ChinaIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleFederal Court Confirms Respondents Should Be Heard In Preliminary Injunction RequestsGermany is known as a jurisdiction where ex parte preliminary injunctions are relatively easy to obtain. GermanyLitigation, Mediation & ArbitrationFross Zelnick Lehrman & Zissu, P.C.
ArticleDesigner's Own Clothes No Cover-Up For Copyright InfringementThe photograph at issue was of digital content creator Linh Niller Huyn, and was taken by photographer and plaintiff Mark Iantosca during New York Fashion Week in February 2019.United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
Article"Do I Need A License To Make This Toy?"Successful toys are very often miniature recreations of persons or objects in the real world or from an entertainment property. Whether or not the toy maker needs permission (a license) to make that recreation depends on several factors. United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleTrademark Trial And Appeal Board: Trademark Licensee Cannot Establish Priority Based On Use By Licensor The TTAB disregarded that claim, noting that Moreno was a reseller, not a manufacturer, and finding that the quality control was therefore inherent in the license itself.United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleU.S. Copyright Office: Renewal Of DMCA Designated Agent Required For DMCA Safe HarborAs of December 1, 2019, it became necessary for online service providers to renew their DMCA agent designation with the U.S. Copyright Office in order to avail themselves of the protections offered by the DMCA Safe Harbor. United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleNew USPTO Requirements For All Applicants/RegistrantsThe USPTO now requires all applicants and registrants to provide their physical street address in order to establish their "domicile."United StatesIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleFacebook Loses Chinese Registrations In Fight Against SquatterThe China National Intellectual Property Administration ("CNIPA") dealt two heavy blows to Facebook in February and March of this year.ChinaIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleEUTM Registrations May Be Enforced Within First Five Years Without Proving UseThe Court of Justice of the European Union (ECJ) recently held that the actual use of a trademark does not affect the extent to which an owner of an EUTM registration can enforce its rights...European UnionIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleSupreme Court Decision Facilitates Pursuing Trademark InfringementsThe Korean Supreme Court issued a landmark decision holding that the use of a junior mark identical or similar to a senior registered trademark constitutes infringement if the junior use...South KoreaIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.
ArticleShould The U.S. Join The Proposed WIPO Riyadh Design Law Treaty?The USPTO Federal Register is requesting comments from interested parties on whether the U.S. should join as a party to the WIPO Riyadh Design Law Treaty and any impacts from doing so. The deadline for submitting comments is June 11.WorldwideIntellectual PropertyFross Zelnick Lehrman & Zissu, P.C.