On April 28, 2010, the District Court for the Eastern District of Virginia granted summary judgment in favor of Google that its use and sale of “Rosetta Stone” as a keyword in its Adwords program did not infringe upon the Rosetta Stone trademark for language instruction software products.  This decision represents the most recent victory …

Resale of Imported Copyrighted Works

The United States Supreme Court recently said it would consider whether Costco Wholesale Corp.’s resale of Omega SA watches, legally purchased by Costco in foreign countries, constitutes copyright infringement. Omega filed suit after Costco imported Omega watches into the United States and sold 43 of them in California in 2004. The Court’s decision will hinge …

Federal District Court Finds DNA Not Patentable

On March 29, 2010, the United States District Court for the Southern District of New York ruled that claims covering isolated DNA and methods of use for DNA diagnosis are not patentable. The lawsuit, Assoc. for Molecular Pathology v. U.S. Patent and Trademark Office, 09 Civ. 4515, was brought by a conglomeration of plaintiffs including the …

Confusion Likely Between UNIVERSITY OF DENVER and Proposed DENVER STATE UNIVERSITY?

Metro State University, a public university located in Denver, Colorado, announced plans in March to introduce state legislation that would allow it to change its name to Denver State University. The University of Denver, a private university located just a few miles from Metro State’s campus, is not a fan of the proposed name change. The …

TTAB Expands Types of Documents That May Be Introduced in Trademark Opposition

On March 28, 2007 Safer, Inc., a Pennsylvania based pest-control company, filed a Notice of Opposition against OMS Investments, Inc., a subsidiary of The Scotts Miracle-Gro Company, with respect to its application for the mark DEER-B-GON, alleging a likelihood of confusion with its prior registrations for the DEER AWAY and DEER AWAY PROFESSIONAL marks. Safer, Inc. …

2d Circuit Concludes eBay Has not Dulled Tiffany's Luster

Although Tiffany & Co. had probably wished it was an April Fool’s joke, on April 1, 2010, the Second Circuit upheld the Southern District of New York’s determination that eBay, Inc. was not liable for direct or contributory trademark infringement, nor trademark dilution of Tiffany’s indisputably famous trademarks, by facilitating and allowing counterfeit Tiffany items …

Lindsay Lohan and a Brief Introduction to NY’s Right of Privacy.

As you’ve probably heard by now, a few weeks ago, Lindsay Lohan sued E*Trade over its “milkaholic Lindsay” commercial that originally aired during the Super Bowl and also aired during the Vancouver Winter Olympics (If you haven’t seen it yet, you can find it here (www.etrade.com/tv)).  According to the complaint, E*Trade violated Lohan’s right of …

If Only My Bracket Had Worked This Well – Zediva Sued for Copyright Infringement

As I posited a few weeks ago, the major Hollywood studios have sued start-up Zediva for copyright infringement. Warner Bros., Columbia Pictures, Disney, Paramount, Twentieth Century Fox and Universal filed suit in the Central District of California yesterday against WTV Systems, Inc., WTV Systems, LLC and Venkatesh Srinivasan, the founder and CEO of Zediva. You …