The Senate recently passed “The America Invents Act” which, if completed, would be the first major overhaul to U.S. patent law in more than half a century. On March 8, 2011, the Senate overwhelmingly passed “The America Invents Act” with a bipartisan vote of 95-5.  If completed, this would be the first major overhaul to U.S. patent…

The U.S. District Court for the Central District of California recently ruled that the purchase of a competitor’s registered trademark through Google Inc.’s AdWords program for sponsored keyword advertising on the search engine website constituted “use in commerce” under the Latham Act. Trademark owners scored a recent victory in the ongoing battle over the use…

The annual adjustment of the dollar thresholds for preacquisition filings under the Hart-Scott-Rodino Act will take effect February 24, 2011.  All transactions closing on or after the effective date will be governed by the new thresholds. The annual adjustment of the dollar thresholds for preacquisition filings under the Hart-Scott-Rodino Act will take effect February 24,…

AIPLA and INTA submitted comments to the USPTO in response to the PTO’s request for feedback on Trademark Litigation Tactics I have written about trademark bullying in relation to one of my client’s experiences with Volkswagen and in general.  I also blogged about this issue for a friend’s blog, Smaller Box, yesterday.  My colleague and blogging inspiration, Steve Baird — of…

In Pineda v. Williams Sonoma, the California Supreme Court California ruled that retailers may no longer ask customers for their zip code in a credit card transaction. California retailers may no longer ask customers for their zip code in a credit card transaction.  On February 10, 2011, the California Supreme court unanimously ruled that businesses subject to California…

Cloud technology allows attorneys to work anywhere they have a secure internet connection.  This provides for greater flexibility, happier lawyers, higher profits, and better-served clients.  However, a pure virtual law firm is not the answer.  Law firms need to think outside the cloud: they need to utilize all the benefits of the 21st Century without…

Deckers recently made its largest ever seizure of counterfeit UGGS: 244,648 pairs were seized from Putian City, Fujan Province, China on December 23, 2010. Yesterday, I reported on the unfair competition and deceptive trade practices suit filed against Deckers by UGGLEBO for Deckers’ use of the UGG trademark for clogs and footwear in the US. (Yes, I too wonder why a woman wearing so little would want to wear…

A Minnesota company named UGGLEBO Clogs, LLC, filed suit last Thursday against Deckers Outdoor Corp. The suit alleges unfair competition and deceptive trade practices based on Deckers’ use of the UGG trademark for clogs and footwear. As reported by my colleague and long-time blogger, Marty Schwimmer, a Minnesota company named UGGLEBO Clogs, LLC, filed suit last Thursday against Deckers Outdoor Corp. The suit alleges unfair competition and deceptive trade practices based on Deckers’ use of the UGG…

When engaging in national advertising (including via websites), green claims must make clear to which aspect of a product line or business they apply.  Claims must be substantiated by evidence, which companies should be prepared to provide in the event that it is sought by consumers or competitors.   Failure to substantiate one’s green claims may…

All of the speakers who presented during the second day of the Sustainable Foods Summit emphasized the need for transparency in sustainability communications. Today I attended the second day of Organic Monitor’s two day Sustainable Foods Summit. Here are some highlights from the  late morning sessions (those after 10:00 am) on Day Two . . . Ellen Feeney, VP…