Generic names for goods and services may not be registered as trademarks under the Lanham Act, and registered marks that have become the generic name for the goods or services may be cancelled at any time (15 U.S.C. §14(3)). Words that were originally trademarks designating the source for particular products, such as 'escalator' and 'thermos,' have lost that status and become the generic name for all such products. Companies whose marks are in danger of losing their distinctiveness as source indicators may take steps to raise the public's consciousness and prevent their marks from becoming generic. One such well-known advertising campaign is run by Xerox Corporation to educate the public to use a 'photocopying machine' or 'to photocopy' in place of the registered trademark XEROX.
- July 31, 2007Judith L. Grubner
Since the Supreme Court's April 30, 2007 decision in KSR Int'l Co. v. Teleflex Inc. et al., 127 S.Ct. 1727 (2007), the Court of Appeals for the Federal Circuit has affirmed one district court's determination of obviousness, reversed another, and denied one rehearing en banc concerning an obviousness determination. This second installment of our two-part series discusses three cases decided after KSR and examines the implications of KSR in the context of these decisions.
July 31, 2007Matthew W. Siegal and Kevin C. EckerHow fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, inter alia, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.
July 31, 2007Mitchell ZimmermanNew law causes confusion.
July 30, 2007ALM Staff | Law Journal Newsletters |Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations.
July 30, 2007Gil A. Abramson and Sarah DeanPart One of this article discussed the EEOC's plans to implement its new Systemic Discrimination Initiative, describing what the initiative is, why it is important and the first two steps in the implementation: identifying systemic cases early and often, and involving lawyers from the start. The conclusion discusses the next four steps in the EEOC's plans, and what employers can expect.
July 30, 2007Christopher DeGroffThe term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
July 30, 2007Patricia Anderson PryorHighlights of the latest insurance cases from around the country.
July 30, 2007ALM Staff | Law Journal Newsletters |Recent cases in e-commerce law and in the e-commerce industry.
July 30, 2007ALM Staff | Law Journal Newsletters |The Business Software Alliance ('BSA') is escalating its software piracy program by offering $1 million for software piracy tips, up from its previous $200,000 reward. The Washington-based alliance, which launched its software piracy information rewards program in the fall of 2005, will offer $1 million for qualified reports of copyright infringement between July and October. The alliance said it has collected $22 million in settlements with hundreds of companies since starting the program. Many tips are from employees who report their company's use of unlicensed software on office computers.
July 30, 2007Sheri Qualters