Archive | June 2010

When Suing for TM Infringement, make sure you own the trademark

Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York ruled that Liz Claiborne’s subsidiary, Lucky Brand Dungarees Inc. infringes on Miami-based Marcel Fashion Group’s “Get Lucky” apparel line. prnewswire.com Liz Claiborne and Lucky Brand Dungarees were ordered to pay Marcel Fashion Group $300,000- including $280,000 in punitive damages.  The judgment and order stems from the lawsuit Liz Claiborne and Lucky brand originally brought against Marcel Fashion and its Licensee, Ally Apparel, for trademark infringement in 2005.   A Jury determined that Marcel fashion did not engage in trademark infringement. Marcel fashion owned, and continually used the trademark, “Get Lucky” before Lucky Brand was even formed.  Marcel Fashion filed a counterclaim for trademark infringement against Lucky Brand and Liz Claiborne.

The jury found that Lucky Brand’s use of the “Lucky Brand” trademark and the use of “Lucky” and “Get Lucky” infringes on Marcel’s “Get Lucky” trademark and violates federal unfair competition laws. cnn Lucky Brand is said to be in the middle of a turnaround and this ruling could present consider obstacles in their endeavors. crainsnewyork Although Marcel Fashions has not decided whether they will sue Liz Claiborne if it continues to promote the brand and Judge Swain’s ruling does not prevent Liz Claiborne from continuing to use the Lucky moniker, Ann Schofield Baker, one of the attorneys who represented Marcel Fashions in the case, said if Liz Claiborne continues to use the name and slogan it would be a continued violation of Marcel’s Trademark. crainsnewyork

It’s essential to work with an experienced attorney who is familiar with the trademark process.  Having counsel on your side to ensure a detailed and efficient trademark search is completed before taking action (whether it be to release a slogan or register a logo) is crucial to the the protection of your trademark.

by Leslie Galindo, summer intern with Arther Law

Taking Money From All Angles: The Rise of The 360 Degree Deal

It is no secret that record labels’ profitability has suffered due to internet piracy of music. Pod Complex. While the recording industry has successfully sued services like Napster, they simply are unable to keep up with the sheer number of file-sharing, peer-to-peer and web-hosting sites that disseminate copyrighted music. Pod Complex. Services like Limewire, Kazaa, and RapidShare are just a few of the many places people continue to turn to instead of purchasing from legitimate sources like iTunes or traditional brick and mortar stores. Read More…

Sound Exchange

The digital music era is here.  Artists and listeners alike have as much to love about it as they do to be concerned since digital music continually grows.  Digital music is an easy way to have access to your favorite songs and entertainers.  There are now many legitimate digital music servers that allow consumers to buy and access music through subscriptions or websites that support services through advertisements.  A quarter of music industry revenue is now coming through digital channels, mobile services, subscriptions, and sites streaming download stores.   more info.  This goes to show as time has gone on digital music has become the preferred method of access to the music industry. Read More…