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By: Sharon Urias, Esq. A student from Thailand whose search for inexpensive college textbooks has now led to a legal battle involving federal copyright law that could determine the legal rights of Americans to sell thousands of used products on eBay, Craigslist and at garage sales and flea markets, as well. When Supap Kirtsaeng came from Thailand to attend college in the United States, he was shocked by the high price of textbooks.
The USPTO’s Manual of Patent Examining Procedure (MPEP) includes many interesting but somewhat obscure provisions. One of the more useful examples of these provisions is § 707.02. Section 707.02 of the MPEP essentially imparts “special” status to older cases and cases in which a third Office action has been issued. Special status gives an application priority on an Examiner’s docket.
In September 2011, the Authors Guild, various international authors' rights organizations and one dozen individual authors sued HathiTrust, Cornell, and the presidents of the universities of Michigan, California, Wisconsin and Indiana, claiming that HathiTrust's online storage, searchability and public availability of a digital corpus developed as part of the Google Books scanning project constituted copyright infringement.
By: Sharon Urias, Esq. Jimmy Winkelmann, the founder of two brands that parodied outdoor clothing and equipment maker The North Face Apparel Corp., has agreed this week that his most recent brand has violated a 2010 settlement of a trademark infringement lawsuit involving his first brand, The South Butt. A Missouri court ordered James Winkelmann, Sr., and James Winkelmann, Jr. and their company Why Climb Mountains LLC, to stop using The Butt Face, their most recent line of clothing, trademarks
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By: Sharon Urias, Esq. For over a year Christian Louboutin, a famous French shoemaker, has been engaged in a lawsuit with French designer Yves Saint Laurent over Louboutin’s red-sole designer shoes. For over twenty years, Louboutin has been painting the soles of its pricey women’s shoes a lacquered red, which has made the shoes recognizable from quite a distance and highly coveted and popular, as well.
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