Jeremy Richardson’s Blog

I previously wrote an article for The Giggle Guide about trademarks becoming generic (http://thegiggleguide.com/business-sense/2011-09/learning-gerbers-onesie…). Thanks to a January 17 ruling by Judge Laura T. Swain of the Southern District of New York, TIFFANY, as it pertains to a ring setting, may soon be added to that list. Last year Tiffany sued Costco over Costco’s use of the TIFFANY name in describing a ring setting offered by the warehouse outlet for Valentine’s Day.

On Monday Kohler Co. sued Amersink, Inc., alleging infringement of Kohler’s design patents for kitchen sinks. The unique “Large D-Bowl” and “Double Equal Undercounter” Kitchen Sinks, Kohler alleges in the compliant filed in the Eastern District of Wisconsin Federal Court, are protected by design patent. Amersink’s versions “are inferior quality, deeply discounted, imitations of Kohler’s sink designs” says Kohler.

A Federal Court judge denied Christian Louboutin’s motion for a preliminary injunction against rival Yves Saint Laurent from selling shoes with red soles. The Court’s decision is available at http://www.nysd.uscourts.gov/cases/show.php?db=special&id=122.

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To its credit, the Consumer Protection Safety Commission staff has recognized a testing redundancy as applied to lead in surface coatings. A CPSC memo dated July 18, 2011, states:

In case you missed it, a short story by Eric Wilson appeared in the New York Times Sunday Styles (07/17/2011). It provides a brief update (such as it is) of the Innovative Design Protection and Piracy Prevention Act, f/k/a the Design Piracy Prohibition Act.

A significant court decision last week went against cybersquatters. Judge Batts of the Southern District of New York federal court awarded Tory Burch LLC $164 million. Judge Batts also ordered that 232 domain names used to sell counterfeit goods be disabled, turned over to Tory Burch, and any offending cites created in the future by any of the defendants can also be disabled without the need of another lawsuit.

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Here is a link (http://www.cpsc.gov/businfo/frnotices/fr11/stayleadrev.pdf) to the Federal Register Notice announcing the Consumer Product Safety Commission’s (CPSC) decision to extend the existing stay of enforcement on testing and certifications of the total lead content in children’s products (except for metal components of children’s metal jewelry) until December 31, 2011.

CPSC is in the process of notifying manufactures of the Database and encouraging them to “register” a company representative who will receive information about complaints pertaining to their company’s products. I strongly encourage each of you to nominate and register such an individual so that you will have an opportunity to timely respond to any published complaint.

For your information, a press release from the CPSC announcing the Database is available on their website (www.cpsc.gov)

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