Litigation « Insights and Perspectives

Largest Judgment for Fashion Counterfeiting?

June 13th, 2011 by Elizabeth

According to reports in IPLaw 360, Women’s Wear Daily and The Washington Post, a New York Federal court has awarded Tory Burch LLC, the high end fashion designer, the largest judgment for fashion counterfeiting: $164 million.  According to IPLaw 360, the damages were awarded “after finding that operators of hundreds of websites sold knock-off versions [...]

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Coach Inc. Sues Handbags Unlimited Inc., for Trademark Infringement

May 18th, 2011 by John

Coach Inc., the famous maker of high end handbags and accessories has recently filed a lawsuit in Federal Court against Handbags Unlimited, Inc., for trademark infringement and related causes of action.  Coach Inc. has over 50 U.S. trademark and copyright registrations.  In the Complaint, Coach alleges that Handbags Unlimited is engaged in designing, manufacturing, advertising [...]

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And the saga continues

May 17th, 2011 by Elizabeth

In what appears to be the neverending saga of the Winklevoss twins vs. Facebook, Fox News is reporting that the twins will be asking the U.S. Supreme Court to hear their case against the popular social networking website.  Since the twins lost their latest appeal, the Supreme Court is their last legal option and last hope in succeeding [...]

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Revisit: Godzilla v. Honda

May 2nd, 2011 by Elizabeth

As we reported on February 9th of this year, Godzilla creator Toho Co. Ltd.,  sued American Honda Motor Co. (“Honda”) for trademark infringement after Honda allegedly used an image of Godzilla in a minivan commercial without permission. Toho claimed the sales of Honda’s minivan, the Odyssey, increased over 40% since the commercial aired and appears [...]

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Winklevoss Twins Appeal

April 20th, 2011 by Alaine

As reported in our blog of April 12th the 9th U.S. Circuit Court of Appeals ruled against Tyler and Cameron Winklevoss’s claim that Mark Zuckerburg stole their idea for Facebook® and then misrepresented the value of the Facebook stock during negotiations for a settlement agreement between the parties.  In the case the Appeals Court ruled [...]

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Did Mark Zuckerberg “De-Friend” Others to Get Facebook® Going?

April 12th, 2011 by Alaine

On April 11, 2011 the 9th U.S. Circuit Court of Appeals ruled that Tyler and Cameron Winklevoss, co-founders of Facebook®, could not back out of a settlement deal they reached with Mark Zuckerberg (founder of Facebook) and Facebook, Inc.  The parties had entered into a settlement which was based on a previously filed lawsuit by [...]

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Court Denies Google Settlement Agreement

March 28th, 2011 by Alaine

Last week the United States District Court for the Southern District of New York rejected a 2008 proposed settlement agreement (the “2008 Agreement”) between Google, Inc. and The Authors Guild and the Association of American Publishers.  The suit is based on a class action that alleges Google violated publishers’ and authors’ copyrights in its efforts [...]

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Everyday Driving versus Formula One Racing

February 16th, 2011 by Alaine

On February 9, 2011 Ford Motor Company sued Ferrari S.p.A. for trademark infringement of its F-150 mark.  Ford has been using the F-150 name for trucks since 1974.  Ferrari chose to name its 2011 Formula One racing car the F150.  According to Ferrari it chose the name to pay tribute to this year’s 150 anniversary [...]

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Is willful IP infringement part of the cost of doing business?

February 11th, 2011 by Elizabeth

Fast fashion retailer Forever 21 is known for its trendy and budget friendly clothing and accessories.  The 450+ store chain appears to sell everything related to fashion – from clothing and shoes to handbags and hair clips.  And the retailer seemingly changes inventory in a split-second to keep up with celebrity trends and runway debuts, [...]

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What Happens When Your Copyright Is Used Without Permission?

February 10th, 2011 by Alaine

Copyright law grants the author/owner of a work the exclusive right to copy, reproduce, and distribute.  Anyone else who wants to use the work must obtain permission from the owner.  However, there is an exception to this rule which is called the Fair Use doctrine.  The Fair Use doctrine allows limited use of a copyrighted [...]

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