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Articles by Alexandra Holbus
Protecting the Pint: Rebel Creamery Appeals Trade Dress Judgment
[co-author: Maia Songer] (Source: Memorandum & Order, Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC) It is back out of the freezer and into court for Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC, after Rebel submitted an appeal to the United States Court of Appeals for the Second Circuit and filed for Chapter 11 bankruptcy protection.
Protecting the Pint: Rebel Creamery Appeals Trade Dress Judgment
(Source: Memorandum & Order, Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC) It is back out of the freezer and into court for Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC, after Rebel submitted an appeal to the United States Court of Appeals for the Second Circuit and filed for Chapter 11 bankruptcy protection.
VETEMENTS ou Non? The Foreign Equivalents Doctrine | JD Supra
A recent petition for a writ of certiorari filed with the United States Supreme Court brings into question the application of the doctrine of foreign equivalents. Under the doctrine of foreign equivalents, a trademark consisting of a foreign word with a merely descriptive English translation can be denied registration on the basis of descriptiveness. Similarly, a foreign word can be viewed as confusingly similar to its English equivalent.
From the Gold Coast to the Golden State: A Trademark Battle Over Cozy Boots | JD Supra
A long legal battle over the right to use the “UGG” mark has may result in the end of a company’s right to the word “UGG” in connection with sheepskin shoes and accessories outside of Oceania. The brand “UGG Since 1974” has agreed to only use the wording “Since 1974” when selling their products outside of Australia and New Zealand after being locked in a legal battle with Deckers Outdoor Corporation, which owns the U.S. brand “UGG Australia” for boots.
From the Gold Coast to the Golden State: A Trademark Battle Over Cozy Boots
A long legal battle over the right to use the “UGG” mark has may result in the end of a company’s right to the word “UGG” in connection with sheepskin shoes and accessories outside of Oceania. The brand “UGG Since 1974” has agreed to only use the wording “Since 1974” when selling their products outside of Australia and New Zealand after being locked in a legal battle with Deckers Outdoor Corporation, which owns the U.S. brand “UGG Australia” for boots.
Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests | JD Supra
The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a company, such as an internet website host, a search engine, or a website operator, registers an agent with the United States Copyright Office.
Looking Down the Road: Data Privacy Priorities in 2024 | JD Supra
2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data brokers, and more. Because 2024 is shaping up to be equally complex for those who manage data privacy in their organizations, we have compiled a summary of the US data privacy topics to watch in the coming year.
One-Stop Deletion from Data Brokers - California’s Delete Act | JD Supra
California Governor Newsom recently signed SB 362, known as the Delete Act, which creates a one-time mechanism for consumers to request that data brokers delete all personal data associated with the consumer. The legislation, which does not go into effect until January 2026, differs from California’s other privacy laws such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), although these older laws have set the ground work for the Delete Act.
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