Published Articles
  1. Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law


     
     Introduction by Andrew Berger
    I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts at.www.robertcumming.eu I read with interest.
    Robert is an experienced IP lawyer with Appleyard Lees, a 32-person firm of European patent and trade mark attorneys.  With a litigation background and qualifications as an English solicitor, Registered UK and European trade mark attorney and Trade Mark Litigator, Robert is just as happy advising on contentious matters as prosecution, strategy and licensing.  He has written and presented on keyword advertising and is working with INTA on a global report analysing the use of survey evidence in trade mark litigation.

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  2. Coming On July 26: Accelerated Case Resolution Webinar Before the Trademark Trial and Appeal Board

    Coming On July 26: Accelerated Case Resolution Webinar Before the Trademark Trial and Appeal Board

     

    Those caught in costly trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board may be wondering how they might streamline their TTAB practice and achieve faster resolution on the merits. A webinar sponsored by the ABA Section of Litigation on July 26th may help.
    The focus will be on more efficiently achieving a merits determinations in inter partes proceedings before the TTAB. Mary Margaret O’Donnell of the Blue Filament law firm (and co-chair of the Trademark Subcommittee of the IP Litigation Committee) has organized and will moderate what looks to be a fine program.

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  3. Guest Blog Post: Why Did Apple Lose the First Round in Its iPad Trademark Dispute in China

    Guest Blog Post: Why Did Apple Lose the First Round in Its iPad Trademark Dispute in China

    Introduction by Andrew Berger:
    I am pleased to post another article by Vivien Chan focusing on IP in China. Vivien is the senior partner of Vivien Chan & Co., a Greater China law firm with offices in Hong Kong, Beijing and Shanghai with close to 30 years experience in labor & employment, mergers and acquisitions, technology transfers,  information technology, and related tax issues.

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  4. Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement

    Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement

    Andrew will speak at a MENG (Marketing Executives Networking Group) NY chapter meeting on Tuesday evening February 7, 2012, on protecting your intellectual property from new forms of online infringements and brand attacks. The transcript of the talk is here. This is an outline of some of what he will cover.
    Andrew will discuss why global infringement is a increasing and what brand owners can do to combat it.

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  5. Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks

    Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks


    Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of online infringement and brand attacks. But first a word of warning. My talk runs for about 45 minutes and therefore this is a long post. Here is a quick overview of what I cover.

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  6. Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

    Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks


     
    Andrew will speak at a webinar on January 26, 2012 at 10:00 am sponsored by the International Executive Resources Group on protecting your IP in the US and abroad from new forms of online infringements and brand attacks.
    Andrew will begin by discussing three reasons why global infringement is a growing and what governments and copyright holders are doing here, in Europe and China to combat it.

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  7. Goodyman Meets the Hangman: The Federal Circuit in Benedict v. Super Bakery Afirms the Cancellation of a Registered Trademark

    Goodyman Meets the Hangman: The Federal Circuit in Benedict v. Super Bakery Afirms the Cancellation of a Registered Trademark


    Appellate courts prefer to decide cases on the merits. But  they will affirm the sanction of a default judgment dismissing a case where the plaintiff has repeatedly flouted court orders. The latest example  is the Federal Circuit‘s December 28, 2011, decision in Benedict v. Super Bakery affirming Benedict’s default and cancelling his registered trademark as a sanction. But although the Federal Circuit affirmed, it rejected the reasoning below of the Trademark Trial and Appeal Board.

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  8. BNA Program on Gray Market and Counterfeit Goods

    BNA Program on Gray Market and Counterfeit Goods

     
    Andrew will moderate a webinar on Wednesday October 26,2011, sponsored by BNA entitled Alternatives Now Available to Copyright and Trademark Owners to Combat Gray Market and Counterfeit Goods: Recent First Sale and Related Litigation. The 90-minute program will focus on recent 9th and 2d Circuit cases involving the clash between the first sale doctrine and Section 602(a)(1) of the Copyright Act barring the importation of goods made abroad without the copyright holder’s consent.

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  9. Guest Blog Post: How to Combat Counterfeiting in China by Effectively Using Its Customs Recording System

    Guest Blog Post: How to Combat Counterfeiting in China by Effectively Using Its Customs Recording System

    Introduction by Andrew Berger:
    I am pleased to share this guest blog post by Vivien Chan. She is the senior partner of Vivien Chan & Co., a Greater China law firm with offices in Hong Kong, Beijing and Shanghai with close to 30 years experience in labor & employment, mergers and acquisitions, technology transfers,  information technology, and related tax issues.

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  10. Two Video Clips on Protecting Your Brand From New Forms of Online Infringements and Attacks

    Two Video Clips on Protecting Your Brand From New Forms of Online Infringements and Attacks

     
    Protecting your brand from new forms of online infringements and attacks is becoming increasingly difficult. The Internet is now a wild west of content formation and brand owners can no longer control the message or as the Burger King commercial used to tout, “have it your way.”
    So what should you do? Here are two video clips of my interview about brand protection produced by the Cornell eClips program.  eClips, created by Cornell University, is a quality source of on-line video on leadership, entrepreneurship and business with more than 15,000 + clips.

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