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lanham act
gTLDs Pose New Threats in Cyberspace
On January 12, 2012, ICANN, the Internet’s domain name registration watch dog, began accepting applications for new generic Top-Level Domains (gTLDs) to add to those already in existence, including .com, .net, .biz and others. Under the new scheme, any company can apply for a gTLD,...
IP Law 2012: A Look Ahead . . . .
Coming off a year that included the Smith-Leahy “America Invents Act,” 2012 portends to have some significant developments in IP law. Decisions for IP practitioners and industry to watch for include: the Supreme Court’s decision in Caraco Pharm. Labs. Ltd. v. Novo Nordisk...
Case Split Based Upon Differing Forum Selection Clauses
Moran Indus. Inc. v. Baker, No. 10 C 7653, Slip Op. (N.D. Ill. May 27, 2011) (Hibbler, Sen. J.). Judge Hibbler granted in part defendant's motion to dismiss and transfer in this Lanham Act case over Mr. Transmission and Meineke Car Care Center marks. Defendant allegedly violated franchise...
Co-opting Political Symbols for Commercial Use
The Lanham Act prevents applicants from registering any of a number of words and devices as marks, including immoral or scandalous matter and flags or coats of arms. In terms of the latter exclusion, such a prohibition makes sense; without it, for example, any merchant could use an American...
Clock Ticking for Trademark Registrants Seeking to Block Registration of Their Marks on .XXX Domain
As has been widely reported by the mainstream press and most legal publications, the Internet Corporation for Assigned Names and Numbers (ICANN) has approved a new “.XXX” top-level domain expected to be utilized by the adult entertainment industry. Given the connotation of the .XXX...
