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Cohen IP Law > Blog (Page 8)
15 February
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Louboutin and Yves Saint Laurent’s Trademark Update

Posted by Michael
in Trademark

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 a preliminary injunction against Yves Saint Laurent (YSL). The Second Circuit specifically found that “it is the...

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26 January
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Michael N. Cohen Super Lawyer

Posted by Michael
in Litigation, Patent, Trademark

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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14 December
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Ludacris’ Trademark Battle for Disturbing Tha Peace

Posted by Michael
in Trademark

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 canceled 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 incorporate “Disturbing Tha Peace” (Reg. Nos. 3159855, 2945795, 2923163, 2925238, 3220495,...

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28 November
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Apple Lightning Harley Davidson Trademark Deal

Posted by Michael
in Trademark

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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06 November
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Kardashian Khroma Chroma Trademark Infringement

Posted by Michael
in Trademark

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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