Starbucks Charred Again

For those of you who enjoy a fun case, the saga of Starbucks v. Wolfe’s Borough Coffee “WBC” is for you. During the course of this epic ten year battle pitting the famous international coffee purveyor against the small New England roaster, the law of trademark dilution has been analyzed, argued and then revised by … More Starbucks Charred Again

Cyberlaw: 2nd Circuit Oks IRS Modem Excise Tax

In the recent IRS vs. Worldcom decision, the Court of Appeals Second Circuit reversed the denial of a $38 Million communications excise tax the IRS previously collected. In Worldcom’s bankruptcy proceeding, the IRS had been ordered to refund the excise tax to Worldcom’s bankruptcy estate. The issue for the Court of Appeals: Whether Worldcom’s purchase … More Cyberlaw: 2nd Circuit Oks IRS Modem Excise Tax

S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

The two iconic brands faced off recently in the Court of Appeals Federal Circuit over stitching. The appeal resulted from the Trademark Trial and Appeals Board “TTAB’s” decision to throw out Levi’s Opposition and Cancellation Proceedings against Abercrombie & Fitch “A&F” based upon “been there, done that” litigation at the District Court for the Northern … More S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

Stored Communications Act Update: Yahoo Wins Appeal

The Stored Communications Act “SCA” prevents unlawful access to stored electronic communications to promote freedom of expression and enhance subscriber privacy. The penalty for failing to comply with the SCA can result in a fine and/or imprisonment not to exceed 5 years for the 1st offense. There are exceptions permitting disclosure for a variety of … More Stored Communications Act Update: Yahoo Wins Appeal

Broadcasters Lose Their Copyright Infringement Appeal

Plaintiffs ABC and WNET head a list of Broadcasters who appealed from an Order of the New York Federal District Court denying their request for a preliminary injunction against Defendant Aereo, Inc. (“Aereo”) for copyright infringement claiming that its transmission of their broadcasts, while their programs are still airing, infringes upon their exclusive right to … More Broadcasters Lose Their Copyright Infringement Appeal

Negative Goodwill: The Law Of Unintended Consequences

Today, I’ll address a concept in business that I’ve labeled negative goodwill. An important concept in trademark law and business, goodwill is that intangible benefit a business derives from its reputation for providing quality products and services that consistently deliver the value promised.  An added feature of the branded product or service is the goodwill … More Negative Goodwill: The Law Of Unintended Consequences