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October 29th, 2017
Special Thanks to the Berkeley Law chapter of the American Constitution Society for Law and Policy for assistance with this podcast episode! Simon Tam found himself at the Supreme Court because of his rock band’s name: “the Slants.” Simon and his band mates chose the name as a way to reclaim ...
March 20th, 2017
Chante Westmoreland (JD Candidate ’18) interviews Tom Counts (Partner, Paul Hastings) and Danielle Decker (Associate, Paul Hastings) after their BCLT Sponsored Lunch Talk. Tom and Danielle explain their client-centered approach for helping corporations protect trade secrets and working to remedy a possible leak in information.
March 6th, 2017
Chante Westmoreland (JD Candidate ’18) interviews Todd Bontemps from Cooley, and discusses how brands receive trademark protection and how branding strategies may change from country to country and over time.
April 28th, 2015
Introduction When you file a trademark application with the United States Patent and Trademark Office (PTO), the website openly warns you that “The trademark registration process is a legal proceeding that may be complex . . . Therefore, you should consider hiring an attorney before starting the process.” So it ...
November 7th, 2014
In 2010, three subsidiaries of US-based Altria Group (formerly named Philip Morris Companies Inc.), Switzerland based FTR Holding S.A., Switzerland based Philip Morris Products S.A. and Uruguay based Abal Hermanos S.A., (hereinafter collectively referred to as “PMI”) started international arbitration proceedings against Uruguay. PMI claimed that Uruguay violated several provisions ...
April 20th, 2014
Proving a Likelihood of Confusion Remains an Uphill Battle for Trademark Owners in Keyword Advertising Cases
How confused are you when you search terms and see paid advertising generated as the result of the keywords you inserted? An increasing number of cases show a likelihood of confusion is a difficult element to meet by plaintiff trademark owners. People use search engines to weed through millions of ...
April 9th, 2013
In Already LLC. v. Nike, Inc. the Supreme Court recently held that a broad covenant not to sue hinders defendant’s counterclaims of trademark invalidity. Therefore, by choosing to proffer a covenant not to sue, Nike eliminated any legal controversy between the parties such that Already was not able to raise counterclaims of invalidity ...
February 22nd, 2011
The Immigrations and Customs Enforcement (ICE), under the Department of Homeland Security, engaged in another round of domain name seizures Valentine’s Day, February 14, 2011. The 18 domain name seizure, “Operation Broken Hearted,” focused on counterfeit sites for selling counterfeit luxury product brands such as Tiffany, Burberry and Channel. As ...
December 23rd, 2010
This month, our team members have been consumed with outlines, papers, and finals, and now the holidays are upon us. Although we won’t be able to write full posts on all of the recent developments in technology law, we wanted to offer some quick updates on some of the biggest ...
November 4th, 2010
The Anti-Counterfeiting Trade Agreement (“ACTA”) has been under negotiation since October 2007. Over the past three years a group of nations, including the United States, have deliberated the specific contents and composition of this document designed to establish stronger intellectual property enforcement on a global scale. At the Tokyo round ...