Expanding Protections for Artistic Features of Utilitarian Objects
May 02, 2005
In April 2004, the Second Circuit Court of Appeals reversed a district court's conclusion that the features of Mattel's "CEO Barbie" and "Neptune's Daughter Barbie" were not protected by copyright. With little discussion, the three judge panel unanimously held that while Mattel's "particularized expression" in a "doll visage with upturned nose, bow lips, and widely spaced eyes" does not prevent a competitor from creating dolls with upturned noses, bow lips and widely spaced eyes, it does bar a competitor from copying Mattel's "realization" of the particular Barbie's features. <i>Mattel, Inc. v. Goldberger Doll Manufacturing Co.</i>, 365 F.3d 133, 136 (2d Cir. 2004).
Internet Usage Threatens Existence of Concurrent Use Registrations
May 02, 2005
In a rare concurrent use decision, <i>Hubcap Heaven, LLC v. Hubcap Heaven, Inc.</i>, Concurrent Use No. 94001147 (Jan. 25, 2005) [not citable], the Trademark Trial and Appeal Board ("TTAB") questioned the continued viability of concurrent use registrations in the face of the Internet's global reach. Concurrent usage is based on the premise that two owners of the same trademark for competing goods and services can coexist by carving out strict geographic territories for each user. The Internet, however, has no geographic boundaries.
Drafting Patent Infringement Complaints: Avoiding the Trap of 'Model' Form 16 of the Federal Rules
May 02, 2005
Most attorneys follow model Form 16 in the Appendix of Forms to the Federal Rules of Civil Procedure ("FRCP") when drafting patent infringement complaints. However, in unique factual situations, Form 16-style complaints may not be sufficient to survive Rule 12(b)(6) motions to dismiss and/or Rule 12(e) motions for a more definite statement. For instance, some courts have found complaints that fail to aver particular infringing products to lack the requisite specificity, especially when the asserted patent claims could be read to cover hundreds of a defendant's products. Failing to take these exceptions to the Form 16 standard into account can lead to unnecessary delay and work for the plaintiff (or, conversely, strategic opportunities for the defendant). This article discusses these unique situations, and how counsel may properly draft patent infringement complaints in order to survive Rule 12(b)(6) and Rule 12(e) motions.
IP News
May 02, 2005
Highlights of the latest intellectual property news and cases from around the country.
Court Watch
May 02, 2005
Highlights of the latest franchising cases from around the country.
News Briefs
May 02, 2005
Highlights of the latest franchising news from around the country.
Nigerian Franchising: Making Your Way Through the Thicket
May 02, 2005
Business franchising, once principally a U.S. phenomenon, has come of age as a global phenomenon. In particular, the explosive growth of international franchising in developing economies has brought tremendous opportunities for both franchisors and franchisees. One country, however, until late, has been conspicuously absent from the list of developing countries that have benefited from franchising ' Nigeria. A massive bureaucracy and a complex web of regulations have ensured that Nigeria remains one of "the last frontiers" for international investment. However, the Nigerian government has become increasingly committed to creating a conducive atmosphere for foreign franchise investment and, with effective counseling, franchisors can effectively negotiate their way through the thicket to the lucrative market within.
Update: American Association of Franchisees & Dealers
May 02, 2005
Many franchisors, franchisees, and attorneys in the industry talk about the need to avoid conflict and to develop mutually beneficial relationships. However, it's easier said than done in a business relationship between companies that sometimes perceive their interests to be unrelated or even diametrically opposed. The American Association of Franchisees & Dealers has spent nearly 14 years developing an objective, broad-based set of standards that franchisors and franchisees can use as a baseline to assess and, it is hoped, to improve their business relationship. In this Q&A, FBLA talks with AAFD Chairman Robert Purvin about the principles of Total Quality Franchising and how they are being implemented in the industry today.
