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Cohen Law > Blog (Page 7)

Louboutin and Yves Saint Laurent’s Trademark Update

The sage continues, but this time the brawl between the two high-end fashion titans takes place in the United States Patent and Trademark Office. Back in September of 2012, the Second Circuit issued an important fact specific ruling in regards to Christian Louboutin‘s trademark covering the red sole of their shoe in that protection will remain only when the red outsole is contrasted with the “upper” of the shoe. The opinion stems from the affirmation of the district court’s denial of Louboutin’s motion for preliminary injunction against Yves Saint Laurent (YSL). The Second Circuit specifically found that “it is the...

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Michael N. Cohen Super Lawyer

Cohen IP Law Group, P.C. is once again pleased to announce the nomination of Michael N. Cohen for inclusion in the 2013 Southern California Rising Stars Super Lawyers® publication. Super Lawyers® is a listing of outstanding lawyers from more than 70 practice areas who have attained a high-degree of professional achievement. The selection process is multi-phased and includes independent research, confirmation that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list. In addition to a general survey, an attorney-led research...

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Ludacris’ Trademark Battle for Disturbing Tha Peace

Early this month, Demitri Brown and Donna Evans-Brown (the “Browns”) filed a federal trademark infringement suit against Christopher Bridges p/k/a Ludacris, claiming that Luda’s “Disturbing Tha Peace” trademark is confusingly similar to their mark “Disturb the Peace.” However, “Disturb the Peace” has been cancelled since August 31, 2004. This means that the Browns no longer have a valid US Federal Trademark Registration, which ultimately means that they may likely only claim common law trademark rights and not Federal trademark rights. On the other hand, Ludacris has several trademark registrations that incorporates “Disturbing Tha Peace” (Reg. Nos. 3159855, 2945795, 2923163, 2925238, 3220495,...

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Apple Lightning Harley Davidson Trademark Deal

The LIGHTNING trademark, OHIM Reg. Nos. 011399821 and 011399862, were first issued to Harley Davidson in 2005. Recently, “Lightning” has also become the preferred moniker for Apple’s smaller, 8-pin dock connector. On or around November 22, 2012, Harley Davidson allegedly “partially transferred” trademark rights to Apple with respect to the LIGHTNING mark. That’s great. But, what does this really mean? Well, according to the OHIM Trade Mark search database, Harley Davidson still owns trademark rights over the international classes 25, 26 and 18, while Apple now owns the rights over international classes 9 and 28. Cool. So what does this mean?...

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Kardashian Khroma Chroma Trademark Infringement

The Kardashians already had to deal with being accused of copyright infringement with their purse line, Kardashian Kollection. Now, just last week, Chroma Makeup Studios publicly denounced the Kardashians’ upcoming makeup line “Khroma Beauty by Kourtney, Kim & Khloe.” The Chroma Makeup Studios website’s home page is currently a long letter to its loyal fans declaring that it is in no way, shape, or form associated with the Kardashians. Further, it states a little blurb about the Federal trademark law and how the founders, Lisa Casino and Michael Rey III are “taking all appropriate steps to defend its reputation and...

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Beverly Hills Bar Association Event: Dressing Up IP: Copyright, Trademark, and Licensing Issues in the Fashion Industry

Great event at the Beverly Hills Bar Association, the program is titled: “Dressing Up IP: Copyright, Trademark, and Licensing Issues in the Fashion Industry.” The program will be on October 11, 2012 and may be attended in person, streamed live online, or viewed via the internet at a later date. Additionally, the program offers MCLE credit: “MCLE CREDIT: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 HOURS and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved prescribed by the rules...

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Letter of Protest to Oppose Trademark Application

We love filing letters of protest. The Cohen IP Law Group frequently uses this lesser known trademark procedure prior to the publication period to oppose a pending trademark application that my go to issuance without having to file an actual opposition proceeding. So what is a Letter or Protest? Essentially it allows a third party to bring forth evidence ex parte that was not known to the examining attorney assigned to a particular trademark application, to let him become aware that the pending application he is reviewing should not be issued. The Letter of Protest must be filed before Publication,...

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Facebook’s Patent Gets Approved

One of the features that attract people to Facebook is the ability to “block” certain individuals like bosses, coworkers, and family from being able to view possibly incriminating or humiliating photos and status updates. These privacy settings are unique to Facebook and CEO Mark Zuckerberg filed a patent application back in 2006 for the function– titled as “”Dynamically generating a privacy summary.” The application said: “As social networking has grown more popular, users have realized a need for a certain amount of privacy…not every particular user wants all the other users to be able to access the information about the...

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