Bad Grammar = Good Trademark? (2006)
Saturday, 05 August 2006
A mark is merely descriptive if it conveys any aspect, purpose, function or use, or desirable characteristic of the goods or services with which it is used. For example, the mark MARTHA WASHINGTON for dolls is merely descriptive of dolls that portray Martha Washington; likewise, the mark APPLE PIE for potpourri with an apple pie
- Published in Grammar, Intellectual Property Law, Trademark Descriptiveness, Trademark Law
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MGM v. Grokster: The U.S. Supreme Court Will Revisit Sony-Betamax (2005)
Monday, 05 September 2005
At the end of March 2005, the Supreme Court will hear oral argument in MGM v. Grokster, reviewing a decision of the U.S. Court of Appeals for the Ninth Circuit and reconsidering the continued viability of the landmark Sony-Betamax case in the new millennium. Since Sony-Betamax, it has been well-settled that manufacturers and distributors are not vicariously liable for
MGM v. Grokster: The U.S. Supreme Court Decision (2005)
Tuesday, 05 July 2005
On June 27, 2005 on a copyright ruling, nine justices of the Supreme Court agreed, in MGM v. Grokster, that the distributors of devices capable of both lawful and unlawful uses are liable for the infringing acts of third parties, where, as shown by clear expression or other affirmative steps, the distributors promote the infringement. Distinguishing Sony,
The U.S. Supreme Court Holds That Lanham Act Does Not Require Attribution For Works Embodying Public Domain Materials (2003)
Friday, 05 September 2003
In June this year, the Supreme Court held that section 43(a) of the Lanham Act does not bar the uncredited copying of a work whose copyright has expired. The producer of “copies” is considered the “origin” of those “goods” within the meaning of the statute, and the producer of those goods neither falsely designates its
