Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Roll of the Dice for International Trademark Owners
As international businesses seek to expand across borders, including by availing themselves of legal tools (such as the Madrid Protocol) to register in the United States trademarks developed abroad, there is surprisingly little guidance as to what enforceable rights under U.S. law actually result from this process. However, as shown by the recent decision, In re Casino de Monaco Trademark Litigation, 07 Civ. 4802 DAB, 2010 U.S. Dist. LEXIS 33950 (S.D.N.Y. March 31, 2010), even well-established foreign companies can encounter difficulties enforcing rights not grounded in traditional U.S. trademark law principles of use in commerce.
There are perhaps few casino operators of longer standing than Societe de Bains de Mer et du Cercle des Etrangers a Monaco, (“SBM”) owner of the Casino de Monte Carlo (dating to 1866). However, in In re Casino de Monaco Trademark Litigation, the U.S. District Court for the Southern District of New York concluded that SBM possesses no rights in the United States in its registered trademark “Casino de Monaco” and placed in doubt what rights, if any, it might have in the United States in the name “Casino de Monte Carlo.” The court thus: 1) granted summary judgment dismissing SBM's claim for trademark infringement arising from defendant PlayShare's use of the name “Grand Monaco Casino” (subsequently renamed “Grand Mondial Casino”) for its online casino; 2) canceled SBM's registration for the trademark “Casino de Monaco,” and 3) without finally deciding the matter, held it unlikely that SBM could prove ownership in the United States of enforceable rights in the trademark “Casino de Monte Carlo.”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.