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Melissa K. Dagodag
The Attorney for Creative Types
The Attorney for Creative Types

Melissa K.'s posts

Luis Vuitton’s Case Versus My Other Bag’s Parody Handbag Fails

The Second Circuit Court of Appeals held that it was a, “new expression and message” and a transformative use of the original LV monogram and that there was no copyright infringement. The court also held that there was no trademark infringement due to a lack of likelihood of confusion.

Trademarks filed Through Madrid Protocol in Zimbabwe are Uncertain

Zimbabwe because a Madrid Protocol signatory in December of 2014, but it is recommended to file in Zimbabwe on a national basis rather than through the Madrid Protocol due to the fact that all of the trademark records are not yet digitized there.

Likelihood of Confusion Found by TTAB in Dispute Involving Green Burrito Mark V. The Green Pepper

Applying the du Pont factors, the Board found confusion likely and sustained Carl's Section 2(d) claim. The Board dismissed opposer's dilution claim due to failure to prove fame for Section 2(d) purposes.

Placement of Sculpture on Wall Street is Not Copyright Infringement Matter, but if It Were, It Would Likely Be Fair Use

Sculpture called “Fearless Girl” has been placed on Wall Street in the middle of the night across from “Charging Bull” sculpture appears to provide a commentary on “Charging Bull”. The placement of the work directly in front of “Charging Bull” with the figure’s hands on her hips and facing “Charging Bull” appears to provide a comment or criticism of “Charging Bull”.

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Texas Court Holds Opportunity and Possession in Trade Secrets Case is Sufficient for Misappropriation of Trade Secret

Appellate court held trial court did not abuse its discretion in concluding that the plaintiff had established probable, imminent and irreparable injury in a case in which employee downloaded large amount of data onto portable device before resigning. The former employee went to work for a company that was formed in order to complete with his former employer.

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Anheuser-Busch Sued Over “Natty Rewards” Promotional Contest

Woman photographed at bar by friend had her photo used by Busch on coasters and other materials. She later obtained copyright ownership of the photo and sued Busch for monetary damages and injunctive relief for copyright infringement.

Copyright Office Requests Public Comment on Moral Rights

Many people in the U.S. mistakenly believe that moral rights do not exist in the U.S. This is incorrect because here are in fact statutory and common law protections for moral rights. Potentially, the U.S. Copyright Office will add to the protections.

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Newt v. Twentieth Century Fox Film Corp.

A California district court dismissed a copyright infringement claim against the TC show “Empire,” finding there was no substantial similarity between the show and an autobiography about a drug lord and prostitution ring leader. The court found significant differences between the plot, themes, dialogue, setting and pace of the two shows and held that many thematic elements were generic and non-copyrightable.

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Ten Months After the New Trade Secrets Act

The first few months of litigation subsequent to the Act show these trends: (1) the number of misappropriation cases filed in federal court has not increased; (2) the new ex parte seizure process has been used very little; (3) temporary restraining orders and efforts to seek “expedited discovery” are still the most common forms of pre-trial relief; and (4) questions remain as to the scope and application of the DTSA.

Two Cases Show Danger of Trade Secret Misappropriation

They show that there can be both civil and criminal liability for misappropriating the trade secrets of a former employer. They show that there can be both civil and criminal liability for misappropriating the trade secrets of a former employer.

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