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Monthly Archives: February 2012

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How to respond to demand letters

Posted in Mixed Bag of Nuts

– Derek Allen, Attorney – When I first started working in the legal profession, I was struck by the tone many lawyers used in their correspondence.  While many fighters claim that they’re going to let their fists do the talking, lawyers tend to let angry-sounding adverbs do the heavy lifting. If you’re doing something our client doesn’t… Continue Reading

Is the OPEN Act the Answer to Online Piracy?

Posted in Mixed Bag of Nuts

The Stop Online Piracy Act (“SOPA”) and Protect Intellectual Property Act (“PIPA”) have been put on hold.  But the Online Protection and Enforcement of Digital Trade Act (“OPEN Act”) is moving its way through the U.S. House of Representatives.  The OPEN Act would allow copyright holders to file complaints about copyright infringement on foreign websites… Continue Reading

Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation

Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading