[UPDATED: August 4, 2021. Originally written by David Posteraro.] In 1961, worried that critics would savage his musical, ”Subways Are for Sleeping,” Broadway producer David Merrick turned to the phone book to find men with the same names as the daily newspaper...
eCommerce
Ohio Trademark Owners Seeking to Enforce Rights Must Prove State Connection for Personal Jurisdiction
By David Posteraro Ohio-based International Watchman, Inc. sued Watching Time, LLC and others for infringement of its federally registered “NATO” mark. The federal district court in Cleveland held that Watching Time’s cancellation proceeding against the NATO mark was...
Gray Market Goods: The Dirty Secret That Could Be Cutting Into Your Profits
We live in a global economy, and companies operate in international marketplaces. As such, brands need to be aware of and monitor the increasing prevalence of gray market goods. Gray market goods – sometimes referred to as parallel imports – are genuine goods...
The Secret Value of a Trade Secret Audit
By David Posteraro Our earlier post, “Trade Secrets in Business Transactions,” focused on the role of lawyers, accountants and businesses in evaluating a target company’s valuable trade secrets. But generally, companies often underestimate both the significance of...
Trade Secrets in Business Transactions – Screaming for Attention
By David Posteraro The value of industrial property represented by intellectual property, intangible assets and goodwill has jumped from 17% in 1975 to 84% of the S&P 500’s value report. But when it comes to business transactions such as mergers and acquisitions,...
Insights from High Point: More Sophisticated Brand and Design Protection Strategies
By David Posteraro Welcome to Market! Talking with manufacturers, designers and reps at the High Point Market, one thing was clear: sellers have become much more sophisticated in protecting their intellectual property; on the buyer side, unfortunately,...
Insights from High Point: Using MAP Policies to Expand and Increase Sales
By David Posteraro Welcome to Market! Twice each year, more than 75,000 people from around the globe descend on High Point, North Carolina for the High Point Market: the world’s largest furniture, lighting, and design industry trade show. Buyers and sellers, designers...
Jaguar Wins Big in Chinese Court Trade Dress Case: Rover Takes the Wind out of Jiangling Landwind X7
By David Posteraro In 2017, China’s People’s Congress passed the first amendment to the PRC’s Anti-Unfair Competition Law (the “AUCL”). The revised law, which became effective on January 1, 2018, brought important changes affecting intellectual property rights owners...
European Parliament Adopts Sweeping, Controversial Online Copyright Rules
By David Posteraro If you have ever attempted to view online content and received a message that the content is unavailable in your country, you may find this occurring more often; so too, content that you may have viewed yesterday, may not be available tomorrow. On...
District Court Deals Blow to Unauthorized Resellers, Confirming First Sale Doctrine Not Absolute
In ADG Concerns, Inc. v. Tsalevich LLC, the Northern District of California found that the defendant’s unauthorized resale of plaintiff ADG Concerns’ products amounted to trademark infringement and unfair competition. The decision is a win for manufacturers...