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ARTICLE · 03 OCTOBER 2012

IP Buzz - September 2012

Venable LLP
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Fashionistas can rejoice now that the Second Circuit has overturned the District Court’s ruling that would have stripped Louboutin of its trademarked Red Sole Shoe.

United StatesIntellectual Property

IP LEGAL NEWS AND UPDATES

Fashionistas Rejoice! Second Circuit Orders Win/Win For Loubotin and Yves St. Laurent
Jacqueline Levasseur Patt

Fashionistas can rejoice now that the Second Circuit has overturned the District Court's ruling that would have stripped Louboutin of its trademarked Red Sole Shoe. But YSL also scored a victory, of sorts, in that YSL can still sell their monochromatic red shoe that also features a red sole not withstanding Louboutin's enforceable trademark.

Plant Patents—What is an uncultivated state?
Stefan J. Kirchanski, Ph.D.

Recent Supreme Court cases have brought to the forefront interest in the legal definition of patentable subject matter under 35 U.S.C. §101. These cases emphasize the common law prohibition on patenting laws of nature, products of nature and abstract ideas. A recent Federal Circuit decision involving the Plant Patent Act addresses similar issues relating to the protectability of new plant varieties.

Protecting the Look & Feel of Artworks, Maybe

Joshua J. Kaufman published "Protecting the Look & Feel of Artworks, Maybe" in the August 2012 edition of Art World News.

Please click here to view the full text of this article.

Not All Is Fair (Use) in Trademarks and Copyrights

Jacqueline Levasseur Patt published "Not All Is Fair (Use) in Trademarks and Copyrights" in the September 15, 2012 issue of International Trademark Association (INTA) Bulletin.

Please click here to view the full text of this article.

Release of Study Leaves Marketers Wondering Just What FTC is 'Up To'

Jeffrey D. Knowles and Gregory J. Sater published "Release of Study Leaves Marketers Wondering Just What FTC is 'Up To'" in the September 2012 edition of Response Magazine.

Please click here to view the full text of this article.

A Legal Checklist for D2C Advertising

Gregory J. Sater published "A Legal Checklist for D2C Advertising" in the September 2012 edition of electronicRETAILER.

FCPA Snapshot, Mid-Year 2012

The number of Foreign Corrupt Practices Act ("FCPA") enforcement actions brought in the first half of 2012 is roughly on par with the number brought in the first half of 2011. Nonetheless, enforcement activity for both periods is down from a prolific 2010. If the numbers continue to trend as they did in 2011, 2012 should end with approximately 12 SEC and 14 DOJ enforcement actions.

ANNOUNCEMENTS AND REMINDERS

Venable Welcomes Tamatane J. Aga to the Intellectual Property Division

Tamatane J. Aga joins Venable as an associate in the Patent Prosecution and Counseling group. Prior to joining the firm, Mr. Aga examined patent applications related to drilling equipment and oil and gas production for the U.S. Patent and Trademark Office.

Association of Corporate Counsel (ACC) 2012 Annual Meeting
September 30 - October 3, 2012

Venable is pleased to support and sponsor the ACC Annual Meeting. Several of our attorneys, who rank among the nation's thought leadership in a variety of cutting-edge technological issues, will share their insights and recommendations. ACC's Annual Meeting is the world's largest gathering of the in-house counsel community and is a great professional development value.

"Getting the Most Value from Legal Counsel," Larta Institute
October 18, 2012

Michael A. Gollin and Bobby N. Turnage, Jr. will present "Getting the Most Value from Legal Counsel" on behalf of Larta Institute on Thursday, October 18, 2012.

Please click here to register and for additional information.

Edited by Martin L. Saad, Meaghan Hemmings Kent and Elissa Brockbank Reese

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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