When Appealing The Denial Of A Trademark Application To A Federal District Court Of Irreparable Harm Must Be Established By Trademark Owners

December 2, 2013 – The Ninth Circuit has ruled that irreparable harm must be established by a trademark owner, rather than presumed, when seeking a preliminary injunction. In Herb Reed Enterprises, LLC v. Florida Entertainment Management, No. 12-16868, 736 F.3d 1239, 2013 WL 6224288 (9th Cir. 2013), the Court... Continue Reading

Trademark Clearinghouse Launch March 26, 2013

The Internet Corporation for Assigned Names and Numbers (ICANN) has the responsibility for administration of domain names. ICANN developed a program for the expansion of new generic top level domain names (new gTLDs) beyond the standard .com, .org, .net, .edu and .biz. Applications were accepted through April... Continue Reading

Tech Giants Counter-Punch Against Patent Trolls

Of growing concern to many technology companies is the threat of patent infringement suits by “non-practicing entities”, or “patent trolls”, i.e., companies that extract royalties by threatening or filing actions for the infringement of patents acquired from inventors and businesses that were not actively... Continue Reading

Canada: Proposed Changes To The Trademark Law

On March 1, 2013, a bill was introduced in the Canadian Parliament entitled Combating Counterfeit Products Act (“Bill C-56”). Bill C-56 is primarily intended to add civil and criminal penalties for commercial counterfeiting to make Canada compliant with the Anti-Counterfeit Trade Agreement (“ACTA”), a... Continue Reading