News / Resources

Baker Hostetler New York intellectual property attorney Jason S. Oliver submitted case alerts to the American Bar Association for its “2010 Annual Review of Intellectual Property Law Developments,” which appeared in the publication on March 4, 2011.

The ABA Annual Review is a comprehensive intellectual property desk reference designed to provide the most important changes in law and practice. Written by intellectual property practitioners, this reference book enables lawyers to quickly find key developments in patent, trademark, copyright, and other areas of intellectual property law.

Oliver produced the following case alerts concerning significant developments in trademark law which appear in the current edition of the ABA Annual Review:

• Five-Pointed Star Logo Not Entitled to Trademark Protection in Texas, page 206;
• Web-Site-Based Specimen of Use Need Not Include a Picture of Goods, page 211;
• Maintaining a Billboard Displaying a Registered Trademark Is Not “Use,” page 222;
• AutoCad Company’s “DWG” Word Mark Survives Summary Judgment Validity Challenge When Not Used as File Extension and Not Considered Functional or Generic, page 223;
• Social Linguistics Expert Testimony Deemed Inadmissible under Daubert Test, page 229;
• Owner of Internet Domain www.chicago2016.com Survives Summary Judgment Motion, page 254;
• Trademark Infringement Complaint Dismissed Where Defendant’s Advertisements Involved Only a Descriptive Fair Use of an Individual’s Name and Were Unlikely to Cause Confusion, page 256;
• Pennsylvania Criminal Law on Trademark Counterfeiting Held Unconstitutionally Overbroad, page 261;
• Cancellation Proceeding Automatically Includes Entire File History as Evidence, page 280;
• Court’s Application of Improper Legal Standards in Determining Mark Validity Leads to Remand on ACPA and Lanham Act Claims, page 308; and
• Motion to Strike Celebrity’s Right-of-Publicity Claim Denied Where Likelihood of Success on the Merits Was Shown Despite Protected Nature of “Speech” Depicted on Subject Greeting Card, page 318