Patents, Trademarks and Copyrights Hotline Blog, from the Firm with the Different Approach to Intellectual Property Law.At INTELLECTULAW™, with offices in Mt. Sinai, New York, we practice intellectual property law, i.e. patent law, trademark law, copyright law, and trade secret law very differently from other intellectual property law firms. Since we practice intellectual property law differently, we are not necessarily good for everyone. However, for those clients we are good for, they experience a significantly positive impact on their income and quality of life. At Intellectulaw, we are passionate about the representation we provide our clients. We know that patents, trademarks, copyrights, and trade secrets represent a significant commitment of time, energy, and dedication. We understand the pride and sense of accomplishment that comes from the development of a useful or creative item. That’s why we take the time to meet individually with every client before we formulate an intellectual property strategy. We can handle all your intellectual property needs, including trademark research, copyright filing, patent prosecution, and litigation to protect or challenge IP rights. We help individual inventors and companies of all sizes to develop a comprehensive understanding of the value and uses of their intellectual property from both a technical perspective in the law and an economic perspective in the real world. Please visit us at our firm's website at www.intellectulaw.com. Likewise, we don’t know if we are good for you. However, if you think our very different approach might be appropriate for your situation, contact us to arrange an exploratory meeting or conference. Please visit us at our firm's website at www.intellectulaw.com
The United States Supreme Court defined a parallel import, commonly referred to as "gray market" goods or simply gray goods, to be, "a foreign-manufactured good, bearing a valid United States trademark, that is imported without the consent of the United States trademark holder." The second scenario that will be discussed involves the Japanese electronics manufacturer Yamaha-Japan, which owns American trademarks under its wholly owned American subsidiary Yamaha-America, who filed a lawsuit against the American importer, ABC International, for the importation of goods bearing the Yamaha trademarks without the approval or sanction of Yamaha-America, the owner of those marks. However, in this case, the trademark holders were not so lucky.
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Gucci America, Inc., Balenciaga, S.A., and Balenciaga America Inc. (collectively the "Plaintiffs") are alleging that Curveal Fashion, doing business as ReplicaSi.com and Semelur.com, is using these websites to sell counterfeit products that infringe on Plaintiffs' trademarks. The Plaintiffs further allege that ReplicaSi.com and Semelur.com both make liberal use of Plaintiffs' respective trademarks to indicate an explicit connection between their counterfeit products and the Plaintiffs' products.
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Richard Ellis is an author, lecturer, and visual artist. In 1991, Mr. Ellis illustrated an co-authored a work of non-fiction entitled "Great White Shark," which is a complete, definitive, and scientific account of the great white shark. According to the Complaint initiating the Action, Lions Gate and Nu Image introduced and distributed a film entitled Shark Attack 3: Megalodon, that allegedly misrepresents Mr. Ellis and his book.
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Fleurimond was a student employee working as an equipment room clerk back in 2007 when she was propositioned by the associate director of the athletic department to create a feline mascot. She developed a caricatured drawing of a cougar named "Orion," to which NYU commenced duplicating, manufacturing, etc. without her permission or knowledge. However it would seem that NYU is out of luck, if according to Ariel's claims, her peice was copyrighted before its public use.
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The first segment of this series will discuss how the sale of Gray goods can occur when a domestic entity purchases the rights to register and use a foreign entity's trademark in the United States to sell and distribute merchandise that bears the foreign trademarks. Thereafter, the foreign firm or a third party under license from the foreign firm, imports its own merchandise into the United States for sale and distribution.
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It seems that our recent posts on "Gray Market Goods" have caught the attention of many in the past few weeks.
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According to the complaint filed by RNBA, Lamont Distributors imports and sells Red Bull Energy Drinks in the United States that are intended for sale in the United Kingdom ("Gray Market Red Bull Energy Drink"). Red Bull argues that the importation, distribution, and sale of the Gray Market Red Bull Energy Drink is likely to cause confusion amongst the American consumers as to the nature, ingredients, and quality of these products, because the foreign Red Bull Energy Drink is materially different from its domestic counterpart notwithstanding the fact that it bears many of its likenesses.
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On update, it has come to our attention that Tiger Direct has secured an Extension to file an Answer to the Complaint, because both parties are trying to reach settlement. The Court has multiple extensions on record. However, there is no indication of what will happen and final deadline for Tiger Direct's Answer appears set for August 3, 2009.
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McGraw-Hill claims their educational books authorized for sale in the United States are of the highest quality, however they claim that the sale of their educational books intended for foreign markets constitutes copyright infringement. Pelican Bookshop along with other individuals, purchased Foreign Editions of McGraw-Hill’s books manufactured outside of the United States and resold them to purchasers in the United States, through the Internet, using the e-mail address speedybooks@bellsouth.net and discountbooks@bellsouth.net and usernames “Speedy Books USA!” and “Discount Books USA”. Ironically, McGraw-Hill is suing others for something they produced.
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On July 13, 2009, we announced our victory in Where To Dine In, LLC v. Great Kosher Restaurants Magazine, LLC et al Case No. 06-CIV-13305 (SDNY 2006). http://www.nysd.uscourts.gov/, a case pending, in the Southern District of the State of New York since November 11, 2006, against our client, the Defendants Great Kosher Restaurants Magazine, LLC, for violations of 15 U.S.C. § 1114, 1125(a), 1125(c), and trademark dilution under New York common law.
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25 Little Harbor Road
Mount Sinai, New York 11766 Phone (631) 476-8734
Fax (631) 476-8737
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Recent Updates
November 01, 2009
DEFINING THE ARENA OF PARALLEL GOODS, AKA GRAY GOODS - PART 2
October 29, 2009
GUCCI DEFENDS THE PRICE OF FAME
October 04, 2009
SHARK EXPERT LOOKS TO TAKE A BITE OUT OF INTELLECTUAL CRIME
September 30, 2009
NEW YORK UNIVERSITY GETS SUED BY FORMER STUDENT
August 30, 2009
DEFINING THE ARENA OF PARALLEL GOODS, AKA GRAY GOODS - PART 1
August 12, 2009
McGRAW HILL UPDATE
August 05, 2009
RED BULL VS. GRAY BULL
July 31, 2009
TIGER DIRECT TRYING TO DODGE A BLOW
July 30, 2009
MCGRAW-HILL V. MCGRAY-HILL; THE NOT-SO-SHADY WORLD OF GRAY MARKET GOODS
July 16, 2009
INTELLECTULAW NEWS - WHERE TO DINE V. GREAT KOSHER RESTAURANTS MAGAZINE
Web Resources
U.S. Patent and Trademark Office
1-800-786-9199 Federal Trade Commission Patent and Trademark Depository Libraries
To locate the one nearest you, call 1-800-838-8808 S.C.O.R.E. - Service Corps of Retired Executives
Located throughout the U.S. A volunteer organization providing assistance to those who are starting businesses or bringing new products to market. Check your phone book for the office near you. Small Business Administration Small Business Development Centers
Located throughout the U.S. A governmental department providing services to inventors and small business owners. Check your phone book for the office near you. Small Business Survival Committee (SBSC) United Inventors Association of the USA
P.O. Box 23447, Rochester, NY 14692. Phone: 585-359-9310, Fax 359-359-1133
E-mail: UIAUSA@aol.com National Congress of Inventor Organizations International Federation of Inventors' Associations (IFIA)
A nongovernmental organization created by inventor associations in 1968. Its membership represents some 100 countries. Inventors' Digest magazine
Resources for Inventors.
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