IP LEGAL NEWS AND UPDATES

Janet Satterthwaite Co-authors U.S. Chapter on Global Guide to Free Speech and Fair Use in Trademarks

Janet Satterthwaite co-authored the U.S. section of a global guide to the law of trademarks and free speech and fair use and served as the native English-language speaking editor for the entire guide. The guide is a project of Marques, the European Trademark Owners' Association.

Federal Circuit Reiterates Standards for Invalidating Design Patents

Martin L. Saad and Meaghan Hemmings Kent

On September 11, 2013, the Court of Appeals for the Federal Circuit reiterated certain standards for determining invalidity of design patents. In High Point Design LLC v. Buyer's Direct, Inc., plaintiff Buyer's Direct, Inc. claimed that Defendant High Point Design infringed its design patent and its trade dress in a fuzzy slipper design. The Federal Circuit, in reviewing this determination, reversed and remanded, and in doing so, reiterated the appropriate standards for making such determinations.

Who's "The Best?" The Legal Parameters of Puffery

Greg Sater

People often say something is "just puffery" without really knowing the legal parameters of that term. If you're looking for a primer on what puffery is, or isn't, then an NAD case from last month is worth reading. In the case, Campbell Soup, the maker of V8 fruit and vegetable juice, challenged a television commercial for a competing juice sold by Tropicana.

ANNOUNCEMENTS AND REMINDERS

Anti-Counterfeiting and Brand Protection Summit

October 1, 2013

Marcella Ballard, along with other industry professionals, will speak Tuesday, October 1, 2013 at 9:15 a.m. ET on the following panel: "Proactivity vs. Reactivity: Strategies for Getting Ahead of the Game." Anti- Counterfeiting Strategies have traditionally been a case of reacting to what counterfeiters do and shutting down the avenues available to them. This session will explore pre-emptive measures for ensuring that Counterfeiters have more trouble getting their "businesses" off the ground in the first place.

Justin Pierce, along with other industry professionals, will speak Tuesday, October 1, 2013 at 3:30 p.m. ET on the following panel: "Counterfeit, Grey Market and Parallel Imported Goods: Dealing with Diverters." This session will explore the availability of counterfeit goods through legitimate means, how to deal with the diverters animating the Grey Market, how the Grey Market is unique in terms of counterfeiting, what strategies should be applied to combatting it, and best tactics for preventing parallel imported goods – contractual or criminal.

For information and registration, click here.

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