Author Archives: Mathew Lombard

Eiffel Tower Copyright?

Sharing a photo of the Eiffel Tower by night on social media, without paying for it, could get you into big trouble. Even if it’s just a holiday memento. Ooh la la… …source…

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Apple’s GC Retires

Bruce Sewell, Apple’s’s general counsel since 2009, announced his retirement Friday after eight years as captain of Apple’s legal and security affairs. …source…

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“Naked” Licenses

Failure to exert quality control, or otherwise properly supervise the nature and quality of a licensee’s use of your trademarks, results in what’s known as a “naked license” that can strip your company (or client) of its trademark rights. Why … Continue reading

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CSL Returns…for BMW

It appears that BMW has filed three applications filed by BMW for the trademark CSL in the United States. Filed on 19 April 2017, the marks are M2 CSL, M4 CSL, and M8 CSL. CSL is an acronym for Coupe Sport Leightbau, or … Continue reading

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Be Vigilant!

Protecting a brand is not easy; it requires diligence and strategy. Unlike owners of other forms of intellectual property, trademark holders have an affirmative duty to police their trademarks, and can lose trademark rights if they fail to do so. … Continue reading

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When Filing Maintenance Documents: Beware!

1613.17(a) Correcting Deficiencies in Affidavits or Declarations Timely Filed Within the Periods Set Forth in § 71(a) of the Act If the affidavit or declaration is filed during the periods set forth in § 71(a) of the Act (i.e., during … Continue reading

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USPTO Considers Submission Limits

The U.S. Patent & Trademark Office is considering setting file size/page limits for proof of use specimens.

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Sanofi, Boehringer to Swap Assets

Sanofi agreed to a €22.8 billion ($25.1 billion) asset swap with Germany’s Boehringer Ingelheim GmbH that purports to boost the French drugmaker’s business in selling over-the-counter drugs. Sanofi will trade its animal-health business (Merial), valued at €11.4 billion, for Boehringer’s €6.7 billion … Continue reading

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Congresses Passes the Defend Trade Secrets Act

After being passed unanimously by the U.S. Senate, the House of Representatives voted 410-2 to approve the “Defend Trade Secrets Act” (“DTSA”). The legislation, which is supported by the Obama administration, would open the door for companies to sue in federal … Continue reading

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“Willfulness” Necessary for Disgorgement

On March 31, 2016, the Federal Circuit held that willfulness is a requirement in order to award a trademark plaintiff the infringer’s profits (disgorgement of profits). The district court reduced Romag’s damages award, holding as a matter of law that … Continue reading

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