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Federal Court Travels “Wayback” and Takes Judicial Notice of Internet Archive
  • Dorsey & Whitney LLP
  • USA
  • May 19 2016

Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when

Advertising Litigation Report: Vol. 1 No. 2
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • May 16 2016

The Lanham Act allows a court to award attorney's fees to a prevailing party “in exceptional cases.” 15 U.S.C. 1117(a). Until recently, the Fifth

Precedential No. 14: FTD's Twitter Account Not a Separate, Registrable Service, Says TTAB
  • Wolf Greenfield & Sacks PC
  • USA
  • May 16 2016

The Board affirmed a refusal to register the mark SAVE IT YOUR WAY for "creating an on-line community for registered users ...," finding that

Placing Tracking Codes on Products to Combat Unauthorized Online Sales
  • Vorys, Sater, Seymour and Pease LLP
  • USA
  • May 9 2016

In general, a person can sell another's genuine trademarked goods, under the First Sale Doctrine. However, a failure to abide by or follow a

Amazon on Offense
  • Graydon Head & Ritchey LLP
  • USA
  • May 2 2016

In the last 12 months, Amazon claims to have sued more than 1,000 people in a fight to stop tampering with its product review system used throughout

Broad JAWS Registration Devours JAWS Cooking Channel
  • Knobbe Martens Olson & Bear LLP
  • USA
  • April 29 2016

Mr. Recipe's applications to register the marks JAWS and JAWS DEVOUR YOUR HUNGER were refused based on the earlier registration for JAWS, the movie

Hashtag with Caution - Or You May Get Sued
  • Venable LLP
  • USA
  • April 28 2016

Hashtags are more popular than ever on social media sites. They frequently are used on Instagram and Twitter to identify or facilitate a search for a

Combating counterfeiting online: follow the money
  • Davis Wright Tremaine LLP
  • USA
  • April 27 2016

There are significant barriers to following the money trail as it wanders into territories with less developed laws on counterfeiting

Domain Name Subject to Attachment
  • Graydon Head & Ritchey LLP
  • USA
  • April 5 2016

As most lawyers can tell you, winning a judgment is great. But it's only half the battle. The other part of the process, and arguably the more

Companies Must Police Unauthorized Online Sales Themselves, Cannot Rely on Amazon, eBay or Others
  • Vorys, Sater, Seymour and Pease LLP
  • USA
  • March 31 2016

If a company suspects that an online seller is engaged in the unauthorized re-selling of its products online, it is up to that company to take action