This week’s roundup of top Copyright and Trademark stories from around the Internet:
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., 9th Cir., No. 09-16322, 2/8/11 [http://www.ca9.uscourts.gov/opinions/view_subpage.php?pk_id=0000011207]: 15 U.S.C. § 1125(c) [http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001125—-000-.html] does not require a plaintiff to establish that a junior mark is identical, nearly identical, or substantially similar to the senior mark in order to obtain injunctive relief; the plaintiff must show, based on the factors set forth in § 1125(c)(2)(B) that a junior mark is likely to impair the distinctiveness of the famous mark.
US Chamber Of Commerce Releases 2011 IP Policy Agenda by IP-Watch [http://www.ip-watch.org/weblog/2011/02/10/us-chamber-of-commerce-releases-2011-ip-policy-agenda/]. David Hirschmann, president and CEO of the Chamber’s Global Intellectual Property Center, said in a statement: “We urge Congress and the administration to enact legislation that addresses the pervasive issue of rogue websites dedicated to stealing America’s most innovative and creative products as well as to advance trade agreements – including the emerging Trans-Pacific Partnership Agreement – with robust IP provisions.” Agenda here [http://www.theglobalipcenter.com/sites/default/files/2011_Global_Intellectual_Property_Center_Priorities.pdf].
Film studios sue Hotfile for copyright violation by CNet [http://news.cnet.com/8301-31001_3-20031011-261.html]: The MPAA filed a copyright infringement lawsuit against Hotfile.com recently, arguing the site “facilitates the theft of copyrighted motion picture and television properties on a staggering scale and profits handsomely from encouraging and providing the means for massive copyright infringement.”
White House to Propose New Digital Copyright Laws to Congress by CrunchGear [http://www.crunchgear.com/2011/02/08/with-new-report-u-s-prepares-to-update-outdated-copyright-rules/]
Does Lady Gaga’s new single “Born This Way” infringe Madonna? by Star Tribune [http://www.startribune.com/entertainment/blogs/115940239.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUCDEaLDyE7DyaU]. See also, David Bowie, Queen vs. Vanilla Ice [http://www.benedict.com/Audio/Vanilla/Vanilla.aspx]
In re Thomas Nelson, Inc., Serial No. 76681269 (January 28, 2011) [precedential]. [http://ttabvue.uspto.gov/ttabvue/ttabvue-76681269-EXA-13.pdf] TTAB Finds That “NKJV” Has Acquired Distinctiveness for Bibles [http://thettablog.blogspot.com/2011/02/precedential-no-4-ttab-finds-that-nkjv.html] by TTAB Blog
- Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., 9th Cir., No. 09-16322, 2/8/11: 15 U.S.C. § 1125(c) does not require a plaintiff to establish that a junior mark is identical, nearly identical, or substantially similar to the senior mark in order to obtain injunctive relief; the plaintiff must show, based on the factors set forth in §1125(c)(2)(B) that a junior mark is likely to impair the distinctiveness of the famous mark.
- US Chamber Of Commerce Releases 2011 IP Policy Agenda by IP-Watch: David Hirschmann, president and CEO of the Chamber’s Global Intellectual Property Center, said in a statement: “We urge Congress and the administration to enact legislation that addresses the pervasive issue of rogue websites dedicated to stealing America’s most innovative and creative products as well as to advance trade agreements – including the emerging Trans-Pacific Partnership Agreement – with robust IP provisions.” Agenda here.
- Film studios sue Hotfile for copyright violation by CNet: The MPAA filed a copyright infringement lawsuit against Hotfile.com recently, arguing the site “facilitates the theft of copyrighted motion picture and television properties on a staggering scale and profits handsomely from encouraging and providing the means for massive copyright infringement.”
- White House to Propose New Digital Copyright Laws to Congress by CrunchGear
- Does Lady Gaga’s new single “Born This Way” infringe Madonna? by Star Tribune. See also, David Bowie, Queen vs. Vanilla Ice
- In re Thomas Nelson, Inc., Serial No. 76681269 (January 28, 2011) [precedential]. TTAB Finds That “NKJV” Has Acquired Distinctiveness for Bibles by TTAB Blog