Posts by AnnaZagari

Second Circuit Clarifies Polo Trademark Injunction

Posted by on May 18, 2015

The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the Ralph Lauren trademark.l

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Restaurateur Denied Copyright Protection for Recipes

Posted by on May 4, 2015

A federal court ruled that an Ohio restaurateur’s recipes were not protectable under copyright laws. The court issued its ruling earlier this year on a motion for summary judgment, and the plaintiff has since filed her notice of appeal. (Read the full opinion here.) Rosemarie Carroll, plaintiff and owner of Cleveland restaurant, Tomaydo-Tomahhdo, sued her former business partner, Larry Moore, for alleged copyright infringement of her recipe book. When the pair was working together, Moore developed, or was the inspiration behind the recipes. Carroll eventually bought-out Moore’s interest, and Moore went on to open another restaurant and catering business without...

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TTAB Decisions to have Preclusive Effect on Later Litigation

Posted by on Apr 21, 2015

In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing preclusion for issues adjudicated by the TTAB that are “materially the same” to those the parties take to the federal court, if the “other ordinary elements of issue preclusion” are also met. (Read the full opinion here) The parties in B&B Hardware v. Hargis Industries were battling over whether the TTAB’s denial of registering Hargis’s “Sealtite” trademark because of the...

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Oprah Wins Round Two of Trademark Infringement Case

Posted by on Mar 16, 2015

Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over the phrase “Own Your Power.” Kelly-Brown and her company, Own Your Power Communications, claimed Winfrey, and other named Defendants infringed on her trademark under both federal and state laws, and included a slew of other related claims. (Read the opinion here) Winfrey first won this case on a motion to dismiss, but the U.S. Court of Appeals for the Second Circuit vacated the court’s order with respect to Plaintiffs’ trademark infringement, false designation of origin, and reverse confusion claims, and the case was sent back to the trial court on...

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Graffiti Artists’ Copyright Infringement Case to Move Forward

Posted by on Mar 2, 2015

Italian fashion house Roberto Cavalli will be heading to court after a federal judge overruled its motion to dismiss a copyright infringement case against it earlier this month. (Read the full memorandum here) The clothing and accessories company was sued by three graffiti artists for alleged copyright infringement, unfair competition, and false designation of origin of murals they painted in San Francisco. Jason Williams, Victor Chapa, and Jeffrey Rubin – colloquially known as “Revok,” “Reyes,” and “Steel,” respectively – were commissioned to paint the mural, which they allege Cavalli featured in its “Just Cavalli” line. The trio sued on the basis...

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