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Going once, going twice: Second Circuit affirms counterfeit sales on eBay do not amount to contributory trademark infringement

Dentons
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USA
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April 22 2010

The Second Circuit affirmed that eBay cannot be held liable for trademark infringement due to the sale of counterfeit goods on its Web site, as long as the online auction leader takes steps to remove those items and is not willfully blind to their presence

"Everybody into the gene pool": patent ruling on isolated DNA could cause major disruptions to biotech industry

Dentons
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USA
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April 22 2010

In a ruling that provoked wide debate, the Southern District of New York recently invalidated certain patents on genes linked to breast and ovarian cancer, notably finding that DNA isolated from the body was not "markedly different" from DNA as it is found in nature

Trademark distinctiveness test gets a "check" from the Ninth Circuit

Dentons
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USA
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January 12 2010

In a warning to would-be cybersquatters and others who seek to capitalize on the value of Internet domain names, the Ninth Circuit clarified the legal standard for trademark distinctiveness in David Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir. Nov. 16, 2009), which involved the mark "VeriCheck."

Court tells wireless giant: cashing in on famous pilot's accomplishments won't fly

Dentons
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USA
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January 12 2010

A federal court has denied summary judgment in Charles E. "Chuck" Yeager's suit against Cingular Wireless in which the legendary pilot claims the company used his historic achievement as a pilot for commercial purposes in violation of the Lanham Act and California's common law right to privacy and right to control publicity and likeness

Wake up and smell the TDRA: Second Circuit partially remands Starbucks suit

Dentons
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USA
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January 12 2010

A Starbucks competitor so far gets beans on its defense to a dilution action

Bose "waves" good-bye to a fraud on the trademark office claim

Dentons
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USA
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November 10 2009

The U.S. Court of Appeals for the Federal Circuit recently turned up the heat on Hexawave, Inc., an electronics manufacturer claiming that competitor Bose Corp. had obtained its "Wave" trademark through fraud

The potential pitfall of re-selling foreign works - first sale doctrine inapplicable

Dentons
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USA
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November 10 2009

In Pearson Education, Inc. v. Ganghua Liu, et al., No. 08-cv-06152 (S.D.N.Y. Sept. 25, 2009), the United States District Court for the Southern District of New York held that foreign editions of textbooks lawfully manufactured and sold abroad cannot be purchased and re-sold in the United States without the authority of the copyright holder

The Penn State nittany lions - and the First Amendment - roar again!

Dentons
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USA
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November 10 2009

A Pennsylvania counterfeit trademark law has been struck down as unconstitutional by the state's highest court in consolidated cases in Commonwealth of Pa. v. Omar, No. CP-14-CR-0001200 (Pa. Sup. Ct., Oct. 5, 2009

Federal judge finds against “co-exclusive” licensees

Dentons
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USA
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August 28 2009

Three was definitely a crowd in the Pennsylvania patent lawsuit Medtronic Sofamor Danek at al. v. Globus Medical Inc., No. 06-4248, E.D. Pa., when a federal judge decided on July 17 that three of the four plaintiffs in the case lacked standing for relief

A new hurdle for claims of inequitable misconduct in patent cases

Dentons
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USA
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August 28 2009

The recent ruling by the U.S. Court of Appeals for the Federal Circuit in Exergen Corp. v. Wal-Mart Stores, Inc., No. 2006-1491, 2007-1180 (Fed. Cir. Aug. 4, 2009), will impose an increased standard of proof for claims of a lawyer’s “inequitable misconduct” in patent cases