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Category Archives: Legislation

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Houston, We Have a Problem: City Petitions the US Supreme Court to Register Its Official Seal as a Trademark

Posted in Color, Emoticon, Legislation, Product Configuration, Section 2(b), Trademark, Trademark Prosecution, Trademark Trial and Appeal Board

Written by: Susan Neuberger Weller The City of Houston, Texas has filed a Petition For Writ Of Certiorari with the Supreme Court of the United States asking the Court to interpret Section 2(b) of the Lanham Act to determine whether it prohibits a government entity from federally registering its own flag or coat of arms… Continue Reading

Update: S. 3523 Passes U.S. Senate Judiciary Committee

Posted in Copyright, Copyright Infringement, Fashion, Legislation, Trademark Infringement

Written by Susan Neuberger Weller The bill to extend intellectual property protection to the fashion industry, S. 3523, the substance of which we reported recently, has passed the US Senate Judiciary Committee without amendment. By voice vote on September 20, the bill passed with Senators Lee (R-Utah), Kyl (R-Ariz), Cornyn (R-Texas) and Coburn (R-Okla.) voting… Continue Reading

S. 3523: Louboutin, Lululemon, and Fashion Design: Finally Getting Some Respect?

Posted in Copyright, Copyright Infringement, Fashion, Legislation, Trademark

 Written by Susan Neuberger Weller A few weeks ago, the Second Circuit’s ruling in the Louboutin decision made clear that color as a trademark can be protected in the fashion industry.  Recently, Lululemon has sued Calvin Klein for design patent infringement over the design of yoga pants. And just before Fashion Week in New York City, New York… Continue Reading

Google Search Results Will Reflect Repeated Copyright Infringement

Posted in Copyright, Copyright Infringement, Digital Millenium Copyright Act, Legislation, PIPA

Written by Susan Neuberger Weller On Friday, August 10, 2012, Google announced that it was changing its search algorithms so that websites with high numbers of valid copyright infringement removal notices would appear much lower in the search results. This announcement was greeted with strong approval by many online copyright content owners who have for… Continue Reading

Copyright Owners Using DMCA To Take Down URLs

Posted in Copyright, Copyright Infringement, Digital Millenium Copyright Act, Notice and Takedown, PIPA, SOPA

Written by Susan Neuberger Weller At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference – it was reported that copyright holders are increasingly using the Digital Millennium Copyright Act’s (“DMCA”) notice and takedown procedures to address copyright infringement on websites.

UPDATE: SOPA and PIPA Legislation Stalled in Congress

Posted in Copyright, Copyright Infringement, Legislation, PIPA, SOPA, Uncategorized

Following this week’s Internet blackout by service providers and online resources opposed to the pending Stop Online Piracy Act and the Protect IP Act, Congressional leader have announced a postponement on future action on the legislation. Senate Majority Leader Harry Reid delayed a vote on PIPA scheduled for Tuesday.  In the House, Judiciary Committee Chairman Lamar Smith responded… Continue Reading

SOPA/PIPA Protest: Internet Blackout (at least Partially and Temporarily)

Posted in Copyright, Legislation, PIPA, SOPA

In response to the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) pending in Congress, several online resources have decided to make their resources unavailable for a 24 hour period.  Wikipedia, Google, Mozilla, Reddit and others have either literally gone black today or have been converted into protest pages decrying censorship and… Continue Reading

The PROTECT IP ACT and the STOP ONLINE PIRACY ACT (SOPA): New Solutions to Stop Online Infringement and Piracy

Posted in Copyright, Copyright Infringement, Legislation, Trademark, Uncategorized

Written by Joe DiCioccio I recently had the pleasure of attending a very informative presentation given by the Media Law Resource Center on two very important pieces of legislation currently working their way through Congress. These contentious bills focus on curtailing online infringement and piracy in a creative way, by disabling access to the websites… Continue Reading

H.R. 2511 Offers Legal Protections For Fashion Design

Posted in Copyright Infringement, Fashion, Legislation

Written by Joseph M. DiCioccio “Fashion is more usually a gentle progression of revisited ideas.”  – British Fashion Designer Bruce Oldfield Perhaps no other industry is more cognizant of the need to build upon and reinterpret prior work than the fashion industry. The idea that designs must constantly change and evolve several times a year… Continue Reading