Protecting 3D Printing Designs And Objects: Part Three

BY OLIVER HERZFELD, FORBES IP COUNSEL, JUNE 12, 2013 - In my prior two installments of this three-part series (available here and here), I reviewed protections available for 3D printing designs and objects under U.S. copyright and patent law. I will conclude with a review of such protections under U.S. trademark, trade dress, and trade secret law READ MORE...

Protecting 3D Printing Designs And Objects: Part Two

BY OLIVER HERZFELD, FORBES IP COUNSEL, JUNE 5, 2013 - In my first installment of this three-part series (available here), I commenced a review of protections available for 3D printing designs and objects under U.S. intellectual property law with a focus on copyrights. I will continue with a review of such protections under U.S. utility and design patent law READ MORE...

Protecting 3D Printing Designs And Objects

BY OLIVER HERZFELD, FORBES IP COUNSEL, MAY 29, 2013 - The popularity of 3D printing has been increasing dramatically while the prices for such printers have been rapidly decreasing. In addition to toys and gadgets, real-world practical uses include a virtually unlimited number of potential devices and replacement parts for the aerospace, automotive, medical, military and other industries. Not surprisingly, this relatively new technology has raised many legal issues. For example, Senator Charles E. Schumer has called for legislation banning 3D printed guns since manufacturing such plastic weapons could easily circumvent background checks, registration requirements and metal detectors. And a new type of 3D printer could use chemical inks to quickly print legal and useful chemical compositions such as authorized pharmaceuticals and vaccines, but also illegal drugs and chemical weapons such as ricin or chlorine gas. An important category of legal issues relating to 3D printing involves the protection of 3D designs and objects under intellectual property laws. This series of three posts will review and summarize such protections under US intellectual property law starting with copyrights READ MORE...

J.C. Penney Faces Brand Identity Crisis on Multiple Fronts

BY MICHAEL STONE, FORBES CMO NETWORK, APRIL 22, 2013 - Like an awkward Hollywood love triangle, the J.C. Penney, Martha Stewart and Macy’s saga continued last week as the three fought over Justice Jeffrey K. Oing’s April 5th decision to temporarily allow J.C. Penney to sell Martha Stewart-designed products under the JCP Everyday label READ MORE...

Oakley v. Rory McIlroy and Nike: Enforcing Rights Of First Refusal In Endorsement Agreements

BY OLIVER HERZFELD, FORBES IP COUNSEL, MARCH 19, 2013 - Sport and lifestyle brand Oakley recently commenced a lawsuit against Rory McIlroy and Nike, claiming McIlroy entered into a broad “head to toe” equipment, apparel and footwear endorsement agreement with Nike in breach of the right of first refusal provision in his prior endorsement agreement with Oakley that expired on December 31, 2012. READ MORE...

Failure To Enforce Trademarks: If You Snooze, Do You Lose?

BY OLIVER HERZFELD, FORBES IP COUNSEL, FEBRUARY 28, 2013 - In the recent case of Abraham v. Alpha Chi Omega, the Fifth Circuit Court of Appeals issued an opinion regarding a fascinating dispute that involved a failure to enforce trademarks for more than 40 years READ MORE...

Why Kimora Lee Simmons Did Not ‘Lay the Blueprint’ for Celebrity Fashion

BY MICHAEL STONE, FORBES CMO NETWORK, FEBRUARY 12, 2013 - In a recent interview with MSN’s “The Grio,” Kimora Lee Simmons stated she and former husband Russell Simmons “laid the blueprint” for celebrity designed clothing lines. I think I speak for others when I say, really? Ms. Simmons has definitely carved out a place for herself in the fashion world, and I applaud her for that, but to proclaim she is a founding father of sorts in celebrity fashion is a bit presumptuous READ MORE...

Lance Armstrong Will Likely Settle Readers’ Claims — And Admit No Wrongdoing

BY OLIVER HERZFELD, FORBES IP COUNSEL, JANUARY 29, 2013 - Following cyclist Lance Armstrong’s recent, but less than fully contrite, admission to Oprah Winfrey that for more than a decade he (i) used performance enhancing drugs, and (ii) repeatedly made false public statements denying that he did so, on January 22, 2013, a federal class-action lawsuit was filed in California against Armstrong and his book publishers, Penguin and Random House READ MORE...

Top 10 Licensed Brand Extensions of 2012

BY MICHAEL STONE, FORBES CMO NETWORK, JANUARY 23, 2013 - From products based on the heart-pumping novel 50 Shades of Grey, to Band-Aid’s use of an app to create augmented reality featuring the Muppets, to HGTV-branded live plants, 2012 was chock-full of innovative brand extensions. So, before 2013’s brand innovations steal the limelight, let’s take one last look at last year’s best licensed partnerships READ MORE...

Are Website Terms Of Use Enforceable?

BY OLIVER HERZFELD, FORBES IP COUNSEL, JANUARY 22, 2013 - Have you ever wondered whether online agreements that are not signed in ink are enforceable? How about website “Terms of Use” that are available solely via a homepage link and are not explicitly agreed to by users? Are such Terms of Use legally enforceable against website visitors? In the recent case of Schnabel v. Trilegiant Corp., the Second Circuit Court of Appeals provides some important guidance that can be readily applied to the enforceability of website Terms of Use and other online agreements READ MORE...