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Trademark, Copyright & False Advertising Newsletter

Summer 2013

In This Issue

  • Second Circuit Splits From Sixth Circuit in Holding That Use “As a Mark” Is Not Required for Trademark Infringement Claim
  • Eleventh Circuit Vacates Judgment of Trademark Validity Where Defendant Wins on Non-Infringement Grounds 
  • Eighth Circuit Holds That TTAB Determination of Likelihood of Confusion Is Not Binding in Subsequent Infringement Action
  • TTAB: Confusion Over Medical Device Names Not Avoided by Need for Doctor’s Prescription
  • Second Circuit Stalls Google Class Certification Until Fair Use Issues Are Determined
  • Second Circuit Decision Gives Artists Substantial Leeway to Transform Copyrighted Works for Artistic Purposes
  • Second Circuit Holds That Conclusions in Scientific Study Are Not Actionable as False Advertising
  • On the Horizon: Pending Legal Developments
  • Practice News & Events

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