Forget About Summary Judgment For Fraud On The PTO

In Daimlerchrysler Corporation V. American Motors Corporation, Cancellation No. 92045099, the Trademark Trial and Appeal Board denied DaimlerChrysler’s motion for summary judgment on its fraud claim and made it all but impossible for a petitioner to prevail on a fraud claim on summary judgment. DailmlerChrysler alleged that American Motors committed fraud on the Patent and Trademark …

The Recording Industry Prepares for Battle as Artists Seek to Recapture Their Sound Recording Copyrights

After several years of waging an anti-piracy litigation campaign against the unauthorized downloading and file sharing of recorded music, the recording industry may soon find itself playing defense as legal notices served on record labels by recording artists asserting termination of the labels’ sound recording copyrights start to take effect on January 1, 2013. Subject to …

Update: NFL’s claim of “Who Dat” a “significant misunderstanding”

Over the weekend, the NFL sent a letter to Louisiana Senator David Vitter, backing off its claim that the NFL had trademark rights in the phrase “Who Dat” and calling the debacle a “significant misunderstanding.” Their clarification is that the NFL is not claiming “Who Dat,” they’re claiming “Who Dat” when it’s used in conjunction …

Who What?!!

“Who dat? Who dat? Who dat say dey gonna beat dem Saints?” Apparently, the National Football League. A television station in New Orleans reported that earlier this week the NFL sent cease and desist letters to several small business owners regarding their use of “Who Dat” and the fleur de lis on merchandise and now …

Carlos the Jackal Wants to Protect His Image

Ilich Ramirez Sanchez, aka world-famous terrorist Carlos the Jackal, wants final cut of a French documentary about his life and is willing to sue to get it, according to a story in the Washington Post.  Ramirez, sentenced to life in a Paris prison, has filed suit against French production company Film in Stock, demanding that it give …

Student Athletes Spar with NCAA Over Publicity Rights

Stanford (Go Cardinal!) wasn’t the only thing in Northern California upsetting the balance of the National Collegiate Athletic Association (“NCAA”) during the college football season. Since May 2009, eight putative class action lawsuits have been filed in the Northern District of California accusing the NCAA and its authorized licensing company, Collegiate Licensing Company (“CLC”), of …

Review of Important 2009 Trademark Cases

In 2009, several important trademark decisions and rulings issued, impacting trademark practice with respect to the topics discussed below: Fraud/Maintaining Trademark Registration: The most notable decision, In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938, (Fed. Cir.2009) heightened the requirements to successfully establish a claim of fraud as a basis for cancellation of a trademark registration. Prior …

Bilski v. Kappos: Where Will the Supreme Court Draw the Line Between Obvious and Statutory Patentable Business Methods?

Bilski v. Kappos: Where Will the Supreme Court Draw the Line Between Obvious and Statutory Patentable Business Methods? On November 9, 2009, oral arguments were heard by the United States Supreme Court in the case of: Bilski v. Kappos*. With some eighty briefs filed with the case, it is one of the most popular cases this …