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 …

Bloggers Beware

On October 5, 2009, the FTC announced that it approved final revisions to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (the “Guides”), which address endorsements by consumers, experts, organizations, and celebrities, as well as required disclosures of relationships or connections between advertisers and endorsers. The changes, which go into effect December …