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Trademark, Copyright & False Advertising Newsletter

Winter 2015

In This Issue:

  • Unanimous Supreme Court Holds That Trademark Tacking Must Be Decided by the Jury 
  • Federal Circuit Holds That Advertising of Services on Internet Did Not Constitute Use of the Mark for Those Services 
  • Second Circuit Holds That Res Judicata Is No Bar to Post-Judgment Suit Against Defendant for Continuing Infringement 
  • Literally False Comparative Advertisement Leads to “Reasonable Inference” of Irreparable Harm 
  • Court Reins in Right of Publicity Claims Arising From Historical NFL Footage 
  • Flo & Eddie Score Back-to-Back Wins for Pre-1972 Owners of Sound Recordings 
  • Jury Awards $7.41 Million to Marvin Gaye’s Heirs for Copyright Infringement Despite Ruling That the Scope of Protection for Pre-1978 Musical Compositions Is Limited to the Sheet Music Submitted to the Copyright
  • Precedential TTAB Decision Regarding the Measurement of the Date of Abandonment 

Also of Interest