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Court orders production of defendant’s entire business database in contentious trademark infringement case

Though the Federal Rules of Civil Procedure are “not meant to create a routine right of direct access to a party’s electronic information system,” a federal district court recently held that the benefits of allowing the plaintiff direct access to the defendant’s entire business database outweighed the burden of producing it. [See Advanced Tactical Ordnance … Continue Reading

Sixth Circuit decides trademark rights in dispute arising after two asset sales involving an unregistered trademark

Stating that it “will not presume the creation of jointly owned or non-exclusively licensed trademark rights,” the Sixth Circuit Court of Appeals recently held that an individual defendant and his company did not retain any ownership rights in an unregistered trademark his company had acquired in an asset sale and then transferred in another asset … Continue Reading


Co-Authored By: Robert J. Morgan For those businesses that might be tempted to enjoin another’s use of a common name, be advised: you might be inviting unexpected grief.  In a “where the rubber hits the road decision,” the Cuyahoga County (Ohio) Court of Appeals ruled recently in the case of Bedford Auto Dealers Ass’n v. … Continue Reading

Michael Jordan Shoots in China

Remember to register transliterations as well as English versions of your trademarks in China and elsewhere.  NBA legend Michael Jordan initiated a suit in China alleging the unauthorized use of  his name by a Chinese sportswear and footwear manufacturer.  Michael Jordan became a worldwide basketball star in the 1980s and 1990s.  Qiaodan Sports Company Ltd., … Continue Reading

Starbucks Makes News with Logo and Mobile Payment Option

When Starbucks recently announced a change to their iconic logo, I took interest not only as an attorney specializing in trademark and advertising law, but also as a fairly regular consumer of Starbucks coffee (and, I confess, a Starbucks "Gold Level" card holder). This article discusses issues pertinent to both and addresses some interesting theories … Continue Reading

Opening of .co ccTLD Draws Interest as .com Typo Variant

A country code top-level domain (ccTLD) is an Internet top-level domain generally used or reserved for a sovereign state or territory. There are currently over 270 such domain extensions— from the Ascension Island (.ac) to Zimbabwe (.zw)—delegated by the Internet Assigned Numbers Authority (IANA). A number of the world’s countries have licensed their TLDs for … Continue Reading