Trade dress protection, expanded: can you steal a feel?
Jun 02, 2011
As some readers might already know,
"trademarks" and "logos" are often one in the same. Think of the iconic
red-and-white "Coca-Cola" script, a mark/logo that contains text, or the
McDonald's gol...
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Men's Wearhouse and the thorny issue of trademark protection for slogans
Jun 02, 2011
Regular readers of Women's Wear Daily know that Thursday is menswear day; accordingly, WWDhas dedicated a weirdly large portion of today's issue to the retailer Men's Wearhouse. Or maybe not so weird, ...
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How to acquire a copyright from an employee or independent contractor
May 31, 2011
This guide addresses the ownership of non-jointly authored copyrightable material created by an individual or entity in the service of a hiring party or other "rights consolidator."
Under U.S. copyrigh...
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The thin line between "tributes" and trademark infringement
May 25, 2011
As Women's Wear Daily reported last month,
design firm Tony Duquette, Inc. has sued J. Crew over the "J. Crew Duquette Factory Leopard Print"
sweater:
The plaintiff's ubiquitous press release about ...
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When do trademark rights exist in a single artistic work?
May 23, 2011
About two weeks ago, singer Ke$ha was all over the legal rags for her threats against Wimo Labs regarding its sale of an iPod Nano wristband marketed under the name "Tik Tok," which (unsurprisingly) lo...
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How can I keep other people from stealing my idea?
May 22, 2011
"How can Ikeep other people from stealing my idea?"
This seemingly simple question has
bedeviled many an attorney practicing so-called "soft IP" law (shorthand
for copyright, trademark, and basically...
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