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Re:Marks on Copyright and Trademark

FEDERAL CIRCUIT VACATES TTAB REGISTRATION REFUSAL: WHERE’S THE LOVE (AND THE PEACE) IN THE TTAB’S ANALYSIS?

By Tamar Duvdevani and Gina Durham

Love and Peace apparently abound in the restaurant industry (at least when it comes to establishment names using the two words in combination), but the Trademark Trial and Appeal Board had neither love nor peace for Juice Generation, Inc. (“JG”) when it refused registration of its trademark, PEACE LOVE AND JUICE, in light of pre-existing registrations for PEACE AND LOVE in the same class held by GS Enterprises LLC (“GS”).  According to the Board, the marks were likely to create consumer confusion pursuant to In re E. I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (CCPA 1973).  However, on July 20, 2015, the Federal Circuit vacated and remanded TTAB’s refusal to register.  Continue Reading

DLA PIPER ATTENDS THE MCCA 2015 AWARDS

The Minority Corporate Counsel Association (“MCCA”) held its 2015 Diversity Gala on June 30, 2015 at the John F. Kennedy Center for the Performing Arts in Washington, DC.  The MCCA is an association committed to diversity and inclusion in the legal profession.  The annual Diversity Gala recognizes the companies, law firms, and individuals that champion diversity practices, whether in recruitment and retention, LGBT initiatives, or mentoring programs.

Traditionally, the MCCA Diversity Gala is an opportunity to recognize the leaders in the legal profession.  This year’s awards and honorees were as follows:

•           Lifetime Achievement Award: The Honorable Deval L. Patrick

•           Employer of Choice Award Recipients: New York Life Insurance Company, Fannie Mae, Darden Restaurants, BMO Financial Group, and Southern California Edison Company

DLA Piper was a proud sponsor of the event, and several diverse attorneys of the firm were in attendance.

Once again, DLA Piper would like to congratulate the honorees of the MCCA Diversity Gala!

AUSTRALIA: THE END OF THE PIRATE BAY AND VPNS IN AUSTRALIA? NEW CENSORSHIP LAWS PASSED TO BLOCK PIRACY WEBSITES

By Matthew Evans

The Australian Government has introduced new laws to block websites at an internet service provider (ISP) level if they have the primary purposes of infringing or facilitating the infringement of copyright. On June 22 the Copyright Amendment (Online Infringement) Bill 2015 was passed in parliament, amending the Copyright Act to introduce the new provisions.

 

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SPAIN: TV MARKET'S HEAT BEFORE THE SUMMER

By Gonzalo Santos

After some turmoil last year regarding the granting of television channel licenses (which resulted in the repeal of nine of them by a decision of the Spanish Supreme Court), the Spanish Government recently issued a new call for tender for six of these licenses. Three of the television channel licenses are for high definition digital television channels, whilst the other three are for standard definition digital television channels. Each applicant is allowed to opt for a maximum of two licenses, one of each type (high and standard definition).

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GENEVA, LISBON AND "THE EXTRAORDINARY ITALIAN TASTE": A JOURNEY INTO FOOD

By Sara Balice

What have in common the enchanting Lisbon, the international Geneva and our Bel Paese? Probably not much, except for being all part of our beloved Old Continent. But recently, these three places have been mentioned for some important news regarding the food industry.

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SUPREME COURT CORNER

By Stan Panikowski, Andrew N. Stein, and Brian Biggs

B&B Hardware, Inc. v. Hargis Industries, Inc.

TRADEMARK

Holding: A Trademark Trial and Appeal Board (TTAB) ruling refusing registration on likelihood of confusion grounds can have preclusive effect on a district court trademark infringement case when the elements of issue preclusion are met.

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EU CONSUMER RIGHTS DIRECTIVE IS IN EFFECT: 9 HIGHLIGHTS FOR DISTANCE SELLING

By Matt Duncombe

 

E-commerce is the fastest growing retail market in Europe. Compound annual growth is currently running at around 12 percent per annum, predicted to result in an online retail market worth €233.9 billion (approximately US$262 billion) in 2018. However, the majority of online trade has, to date, been within each state’s own borders. Consumers have generally been more cautious about ordering from states outside their own because of concerns over uncertain consumer protections: how can I be sure I get my goods; what is the delivery charge; what if I need to return? 

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