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Behavioral economics and brand management

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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China, USA
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January 22 2013

Brand owners instinctively understand how valuable a powerful trademark can be. Trademarks reduce consumer search costs by making it easier for

Total war: General Mills successfully opposes registration of “total” for yogurt

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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November 28 2011

An 11-year dispute over whether “Total” yogurt is confusingly similar to “Total” cereal came to an end in September at least in the Trademark Trial and Appeal Board

False advertising claim over statements in billing letter to patients not sufficiently pled under Lanham Act

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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January 13 2012

Ameritox is “the nation’s leader in pain medication monitoring, offering urine drug testing services to help physicians assess medication adherence of patients on chronic opioid therapy.”

Green Day awarded attorneys’ fees against artist after defeating copyright infringement and unfair competition claims with fair use defense

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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November 30 2011

Green Day, a punk band most of us know for the song Good Riddance, and others remember for songs like Basket Case, was sued by artist Derek Seltzer for copyright infringement and unfair competition over Green Day’s use of his work Scream Icon in connection with Green Day’s song East Jesus Nowhere

First Amendment right to anonymous speech trumps right to discover identity of blogger alleged to have infringed copyrighted works of Art of Living Foundation

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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November 22 2011

“Skywalker’s First Amendment right to anonymous speech outweighs the need for discovery at this time.”

Peter and the wolf leave the public domain Supreme Court holds Copyright Restoration Law is constitutional

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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January 18 2012

On January 18, 2012, the U.S. Supreme Court held in Golan v. Holder, No. 10-545, 565 U.S. (2012), that a law bestowing U.S. copyright protection on certain foreign works that had previously been in the public domain is constitutional under both the Copyright Clause of the Constitution and the First Amendment

“We the people” should avoid trashing our own trademarks

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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December 6 2011

One of the most common reasons trademark applications are refused registration is that the applied-for marks are confusingly similar to other marks that are already registered

“Classic” case of trademark infringement? Top Tobacco and North Atlantic Operating Company argue whether Classic Canadian and Classic American Blend are confusingly similar

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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December 8 2011

Top Tobacco, L.P. v. North Atlantic Operating Co., Inc. (TTAB Nov. 21, 2011) shows the very fluid application of facts to law in trademark cases, and therefore, that reasonable minds can differ

Judge in New Mexico issues temporary restraining order against research in motion to prevent use of BBX mark at conference in Singapore

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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December 13 2011

Research In Motion (RIM) planned to introduce its newest mobile platform at the BLACKBERRY developers’ conference (DevCon) in Singapore

Does CRACKBERRY parody BLACKBERRY? TTAB says “no”

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
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USA
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March 1 2012

On February 27, 2012, the Trademark Trial and Appeal Board issued its precedential opinion in Research in Motion Limited v. Defining Presence Marketing Group, Inc. and Axel Ltd. Co., Opposition No. 91181076, refusing registration of CRACKBERRY because it is likely to be confused with and to dilute RIM’s famous BLACKBERRY mark

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