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Ninth Circuit issues replacement opinion in Fleischer (Betty Boop) case, ditching aesthetic functionality discussion but leaving open “fractured history” as a possible bar to secondary meaning
- Edwards Wildman Palmer LLP
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- USA
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- August 26 2011
On August 19, 2011, the U.S. Court of Appeals for the Ninth Circuit withdrew its own previous opinion in Fleischer Studios, Inc. v. A.V.E.L.A., Inc., No. 09-56317, and supplanted it with a new opinion
A lesson for celebrities from the latest "Basketball Wives" case: tweet at your own risk
- Edwards Wildman Palmer LLP
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- USA
- -
- September 2 2011
Orlando Magic basketball player Gilbert Arenas lost his bid to stop the August 29 premiere of Basketball Wives: Los Angeles, in part because his penchant for regularly tweeting "about a variety of mundane occurrences" rendered his daily life a matter of public concern
One size doesn’t fit all
- Edwards Wildman Palmer LLP
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- USA
- -
- June 29 2012
Design patents, trade dress and copyrights each have different requirements, resulting in the need for a multi-faceted approach
Don't snag your deals on traps laid for trolls
- Edwards Wildman Palmer LLP
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- European Union, USA
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- March 26 2013
The issue of non-practicing entities has been back in the news again recently. During a Google hangout last week, President Barack Obama used strong
Losing a trademark under naked licensing law
- Edwards Wildman Palmer LLP
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- USA
- -
- April 16 2013
A licensing agreement in itself offers no guarantee of saving a trademark from the risk of abandonment. The licence must include specific quality
Keyword advertising trademark infringement litigation: an uphill battle
- Edwards Wildman Palmer LLP
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- USA
- -
- January 3 2013
Trademark owners which believe that keyword advertising is causing them damage will face a number of hurdles if they opt for litigation
Judge doubts Louboutin's signature red sole is a protectable trademark; opinion seeks to avoid "fashion wars" and "hostile color grabs"
- Edwards Wildman Palmer LLP
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- USA
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- August 11 2011
Shoemaker Christian Louboutin will have to suffer a competitor’s red-soled shoes just a bit longer, it seems
