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Purvi Patel - Letter to INTA Annual Meeting Attendees

Haynes and Boone is proud to have welcomed the 2013 INTA Annual Meeting to Dallas! We hope you had a great time enjoying our city, and that you had one of the most productive INTA Annual Meetings of your career. >>

David Bell in Law360: Law Firms Take A Liking To Social Media Practice Groups

Law firms are increasingly launching practices devoted exclusively to social media in response to corporate troubles with Facebook, Twitter and the like, with groups offering specialized guidance on employees’ online conduct, digital promotion of pharmaceutical products and disclosure of market-moving financial information. >>

Haynes and Boone Partners Receive 2013 Client Choice Awards

Four Haynes and Boone, LLP Texas-based partners received the 2013 International Law Office (ILO) and Lexology Client Choice award, an annual award recognizing lawyers around the world who stand apart for the excellent client service provided. >>

Haynes and Boone Trademark Lawyers Continue Their Rise among the World’s Best

Haynes and Boone, LLP’s 25+ lawyer trademark practice has again been listed as one of the country’s best, improving its national ranking to one of only 14 elite groups in this year’s World Trademark Review (WTR) 1000, the definitive guide exclusively dedicated to researching the world’s leading trademark professionals. Four of the firm’s trademark partners, Jeff Becker, David Bell, Phil Hampton, and Purvi Patel, were again individually recognized as leading individual practitioners.

The WTR 1000 attributes the rankings to the “cost-conscious, internationally acclaimed” group’s “astounding expertise and a commitment to top-level, flexible customer service.” The increase in the national ranking is likely due to the expansion of the firm’s previously recognized Texas-based trademark practice by the addition of seasoned trademark litigators in its Washington, D.C., New York City, and California offices. >>



Recent Publications

Diversity Highlights (2012)

The Attorney Diversity Committee (ADC) at Haynes and Boone, LLP is comprised of more than 60 attorneys, management and administrative team members that meets each month to advance our firm’s numerous diversity efforts. This document summarizes some of the highlights of those efforts in 2012. >>

Managing IP Guest Article: Don't Be Left Standing at the Courtroom Door

David Bell and Will O’Neill explain how the legal concept of standing is becoming a central argument in high-profile social media litigation – and how to use it as a first line of defence in litigation. >>

Intellectual Property Today Guest Article: U.S. Supreme Court Says ''Enough, Already'' -- Nike's Broad Covenant Not To Sue Mooted Its Competitor's Cancellation Counterclaim

Sometimes, litigants are forced to reevaluate their strategy mid-course. Occasionally, a plaintiff in a pending trademark infringement action faces a cancellation counterclaim that poses a real threat to the plaintiff’s trademark. >>

Banking Law Journal Guest Article: A Look at Proposed FFIEC Guidance: "Social Media: Consumer Compliance Risk Management Guidance"

On January 23, 2013, the Federal Financial Institutions Examination Council (“FFIEC”) issued a notice for comment on its proposed guidance, Social Media: Consumer Compliance Risk Management Guidance (the “Guidance”). >>



David A. Bell

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5248
F +1 214.200.0822

Areas of Practice

Education

  • J.D., New York University School of Law, 2002, Staff Editor, Review of Law and Social Change
  • B.A., Emory University, 1999

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Court for the Northern District of Texas
David A. Bell

David Bell is a partner and Chair of the firm's Social Media Practice Group. He counsels clients on emerging technology and branding trends, including social media issues, smart phone applications, and online scams, protects companies' product designs, and represents plaintiffs and defendants in intellectual property and domain name disputes. Additionally, he clears, procures, manages, and enforces trademarks for clients with domestic and international portfolios.

David is called upon by Fortune 10 and emerging companies to provide 24/7 service, as well as knowledgeable and creative counseling. He is also a prolific publisher and speaker, with more than 40 speeches and articles to his name, in addition to overseeing the Social Media Practice Group's blog, the SoMe Law Brief. 

As part of his practice, David:

  • Evaluates product and packaging designs for trade dress and other intellectual property issues, including for footwear, apparel, food items, liqueur bottles, pet supplies, and electronic instruments.
  • Conducts international and complex trademark clearance searches, preparing trademark applications worldwide, and prosecuting trademarks for established and emerging companies.
  • Enforces clients' trademark and trade dress rights worldwide, through litigation, Trademark Trial and Appeal Board proceedings, and foreign legal proceedings.
  • Enforces clients' intellectual property rights through domain name disputes.
  • Protects brands in regard to smart phone applications, social networking websites, and blogs.
  • Investigates and prosecutes online fraud, including spam e-mails and fraudulent gift card offer schemes.
  • Drafts various intellectual property agreements.
  • Counsels clients on trademark, copyright, domain name, website, and privacy law issues.

Honors

  • Received the 2013 International Law Office (ILO) and Lexology Client Choice award in the Intellectual Property: Designs and Trade Secrets category.
  • Ranked among the top trademark lawyers in Texas in World Trademark Review (WTR) 1000 - The World's Leading Trademark Professionals, 2012-2013. According to WTR, his clients tout him as being "incredibly dedicated and always prepared to go the extra mile to assist" and acknowledged his work as head of the firm's Social Media Practice Group, where he has "a profound grasp of the most significant trends."
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2006-2012)
  • The College of the State Bar of Texas

Speeches and Publications

  • "Protecting Trade Dress of Service Businesses," Group Discussion Leader, INTA Annual Meeting, May 8, 2013.
  • "Don't Be Left Standing at the Courtroom Door," Managing IP guest article, April 22, 2013.
  • "Ethics and Social Media," Ethical Principles for Corporate Counsel Seminar, Dallas, TX, April 4, 2013.
  • "U.S. Supreme Court Says 'Enough, Already' - Nike's Broad Covenent Not To Sue Mooted Its Competitor's Cancellation Counterclaim," co-author with Alan Wechsler, Intellectual Property Today, April 3, 2013.
  • A Look at Proposed FFIEC Guidance: "Social Media: Consumer Compliance Risk Management Guidance," co-author with John Podvin and Annie Chen, The Banking Law Journal, April 2013.
  • Quoted in "Business Law Firms Invade the Blogosphere," Texas Lawbook, March 26, 2013.
  • "State Supreme Court Decision Offers First Amendment Guidance for Attorney-Bloggers," Social Media Law Brief, March 12, 2013.
  • "#Transparency: Twitter Modifies its DMCA Procedure to Point Out Copyright Complaints," Social Media Law Brief, November 19, 2012.
  • "Facebook Sued over Newly Launched 'Want' Button," Social Media Law Brief, October 15, 2012.
  • "Hot Topics in Social Media," SMU Dedman School of Law 20th Annual Corporate Counsel Symposium, October 5, 2012.
  • Quoted in Lawyers.com article, "Guess What - You Don't Own Your Tweets," July 10, 2012.
  • "A Picture is Now Worth 800 Million Users," Social Media Law Brief, May 11, 2012.
  • "Fraud Allegations Sour Apple’s Promises That Its App Store Is Secure," Social Media Law Brief, March 27, 2012.
  • "Peeved with Biebs: Justin Bieber Sued over Joustin’ Beaver Game App," Social Media Law Brief, February 28, 2012.
  • "Protecting and Enforcing the Brand," AT&T Legal Conference, February 16, 2012.
  • "All A-Twitter: When Someone Else Owns the Twitter Username for Your New Brand," Social Media Law Brief, February 16, 2012.
  • "Privacy Inquiries into Facebook Europe," Social Media Delivered, January 20, 2012.
  • "Tips for Addressing Brand Misuse While Mitigating PR Backlash," Social Media Marketing Magazine, December 14, 2011.
  • "See No Facebook Speak No Facebook (or Twitter): Interesting Social Media Restrictions in Europe," Social Media Law Brief, December 5, 2011.
  • "Spirits: The Original Social Media and Its Limits," Social Media Law Brief, December 5, 2011.
  • "Students and Social Media: The Supreme Court Could Decide Whether Schools May Punish Off-Campus Online Speech," Social Media Law Brief, December 5, 2011.
  • "Watch Your Language: When Cease-and-Desist Letters Go Viral," PR News, September 21, 2011.
  • "Social Media, Speech And The Schoolhouse" co-author with Nick Nelson, Law360, August 11, 2011.
  • "Proper Use of Trademarks in Advertising and Product Packaging," INTA Roundtable Discussion, July 22, 2011.
  • "Social Media for the CEO," speaker, May 19, 2011.
  • "Brand Protection Is An App-solute Must," co-author with Hope Hughes, Law360, April 22, 2011.
  • "One Bad App Spoils the Bunch: Brand Protection in the App Era" co-author with Hope Hughes, Texas Bar Journal, March 2011.
  • "Taking Search Strategies to the Next Level," INTA Trademark Administrators Conference, October 4, 2010.
  • "Selecting and Launching a Brand," State Bar of Texas, IP Section, Annual Meeting, June 11, 2010.
  • "Protecting Brands from Scams – Ideas for Addressing Online and Email Infringement," Group Discussion Leader, INTA Annual Meeting, May 26, 2010.
  • "United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings," Lexology, April 14, 2010.
  • "Google AdWords Decision Issued by the European Court of Justice," Haynes and Boone, March 25, 2010.
  • "Another Detour? Steer Internet Traffic to Your Sites by Registering .CO Domains," Haynes and Boone, February 2, 2010.
  • "Policing Trademarks on the Internet and Web 2.0" and "Quick Tips for Monitoring and Enforcement of Web 2.0 Content," INTA Roundtable Discussion, January 21, 2010.
  • "Point - Counter Point - Counter Counter Point," 47th Annual Conference on Intellectual Property Law, The Institute for Law and Technology (division of The Center for American and International Law), November 9, 2009.
  • "Submit Your Trademarks to Facebook to Prevent Infringement," Haynes and Boone, June 10, 2009.
  • "Reviewing Product Designs and Configurations for Trade Dress Concerns," Group Discussion Leader, INTA Annual Meeting, May 17, 2009.
  • "Protecting Product Configurations: Trade Dress Focus," Dallas Bar Association Intellectual Property Law Section, January 23, 2009.
  • "Seven Tips for Clearing a Product Design," Dallas Bar Association Intellectual Property Law Section, January 23, 2009.
  • "Protecting Product Design: Trade Dress Focus," Dallas Area Paralegal Association, Intellectual Property Section, Annual Conference, January 16, 2009.
  • "Enlightened Foreign Trademark Searching," INTA Roundtable Discussion, September 18, 2008.
  • "Fraud: The 'F' Word Trademark Owners Should Avoid," Texas Bar IP Law Section Newsletter, Summer 2008.
  • "Domain Name Abuse – A Global Menace," Inter-Pacific Bar Association Journal, March 2008.
  • "Protecting Your Client’s Brand Names From Domain Name Theft and Scams," The Commercial Law Connection: The newsletter of the National Bar Association Commercial Law Section, Spring 2008. 
  • "Fraud: The 'F' Word Trademark Owners Should Avoid," IP Law360, February 11, 2008.
  • "Proper Trademark Use," INTA Roundtable Discussion, June 22, 2007.
  • "If You Can't See It, You Can't 'Use' It In New York: Trademark Developments Regarding Metatags and Keyword Advertising," Haynes and Boone, June 18, 2007.
  • "V Is For 'Vindication' for Owners of Famous Trademarks," State Bar of Texas Intellectual Property Law Section Newsletter, Winter 2007.
  • "Developments in Fraud Upon the U.S. Patent and Trademark Office," INTA Roundtable Discussion, April 13, 2006.
  • "The News on .EU--Registering Domain Names on the New European Union .EU Registry," Haynes and Boone, December 28, 2005.
  • "Appellate Court Clears the Way for Competitive Pop-Up Ads," Haynes and Boone, July 12, 2005.
  • "MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law," The Licensing Journal, June/July 2005.
  • "Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy?" NYU Journal of Law and Business, Spring 2005.
  • "What Might Peer-to-Peer Have to Fear?" Copyright World, March 2005.
  • "Will the U.S. Supreme Court End the Heyday of Unauthorized Online Music-Sharing?" News Exchange, online newsletter of the Licensing Executives Society, Britain and Ireland, February/March 2005. 

Selected Representative Experience


IP Enforcement on Social Networking Site
Our client discovered a phony advertisement and "joke" bearing the client's name and logo and being displayed on a Facebook group page. The content was in extremely poor taste, mocking the victims of a natural disaster. Even worse, the majority of other images and content posted to this public Facebook group page was blatantly racist. Using take-down procedures available through Facebook and by directly contacting representatives with whom we have had prior dealings at Facebook, we successfully and quickly removed the content incorporating our client's name and logo from all relevant Facebook pages.

Korean Trademark Dispute - Restaurant
Working with local Korean counsel we opposed and successfully invalidated a Korean trademark. This action allowed our restaurant industry client to secure its trademark in Korea and allow them to enter the Korean market using trademarks they use in other jurisdictions worldwide.

Product Clearance - Retail
Our client wished to launch a new footwear item in a highly competitive space. One of the industry leaders in this space had recently filed many lawsuits against third parties due to what it perceived as infringement of its patent and trade dress rights. We worked very closely – nearly every day for approximately seven months – with our client, including its legal, product design, and buying teams. We cleared a footwear design that was viable from both legal and marketing perspectives. Haynes and Boone also ultimately issued trade dress and design patent clearance and opinion letters to the client in connection with this review.

Successful Trade Dress Enforcement - Food and Beverage
One of our client’s liqueurs, an award-winning and extremely popular brand, faced competition from a newly-launched product. The appearance of this new product’s bottle shape, product packaging, and marketing materials featured several similar characteristics to those of our client’s. We sent multiple demand letters to the competitor and its counsel, advising of our client’s trade dress and trademark rights. To escalate the matter, we proceeded to file suit in Illinois. After months of hard-fought litigation, the parties settled with the competitor agreeing to modify its packaging to further distinguish it from that of our client’s product.

Trade Dress, Trademarks - Retail
A buyer for a retail company would be selecting new footwear to stock its shelves for an upcoming season. Before the buyer's selection would occur, however, each potential product was to be legally reviewed for any intellectual property concerns. As it turned out, the company had several hundred products to be reviewed in within an approximately two-week timeframe. Working night and day with our client contacts and other outside counsel, at the client's offices, we provided thorough analysis and clearance of hundreds of footwear designs. The designs were carefully reviewed for intellectual property issues such as those bearing on trade dress, trademarks, and patents. Ultimately, the buyer purchased nearly one hundred and fifty designs from the larger group of designs deemed legally clear by counsel.

Memberships

  • International Trademark Association - Prior Subcommittee Chair; Current Member of Academic Committee, Planning Committee Member for 2013 Annual Meeting
  • CT Corsearch Advisory Board
  • State Bar of Texas - Intellectual Property Section, Trademark, Copyright, and Diversity Task Force Committees
  • Dallas Bar Association - Intellectual Property Section
  • Dallas Association of Young Lawyers

Online Publications

05/02/2013 - Managing IP Guest Article: Don't Be Left Standing at the Courtroom Door
David Bell and Will O’Neill explain how the legal concept of standing is becoming a central argument in high-profile social media litigation – and how to use it as a first line of defence in litigation.

04/03/2013 - Intellectual Property Today Guest Article: U.S. Supreme Court Says ''Enough, Already'' -- Nike's Broad Covenant Not To Sue Mooted Its Competitor's Cancellation Counterclaim
Sometimes, litigants are forced to reevaluate their strategy mid-course. Occasionally, a plaintiff in a pending trademark infringement action faces a cancellation counterclaim that poses a real threat to the plaintiff’s trademark.

03/27/2013 - Banking Law Journal Guest Article: A Look at Proposed FFIEC Guidance: "Social Media: Consumer Compliance Risk Management Guidance"
On January 23, 2013, the Federal Financial Institutions Examination Council (“FFIEC”) issued a notice for comment on its proposed guidance, Social Media: Consumer Compliance Risk Management Guidance (the “Guidance”).

02/14/2013 - A Look at Proposed FFIEC Guidance: “Social Media: Consumer Compliance Risk Management Guidance”
On January 23, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued a notice for comment on its proposed guidance, Social Media: Consumer Compliance Risk Management Guidance.

02/06/2013 - U.S. Supreme Court Says “Enough, Already” - Nike’s Broad Covenant Not to Sue Mooted Its Competitor’s Cancellation Counterclaim
Sometimes, litigants are forced to reevaluate their strategy mid-course. Occasionally, a plaintiff in a pending trademark infringement action faces a cancellation counterclaim that poses a real threat to the plaintiff’s trademark.

10/15/2012 - Facebook Sued over Newly Launched “Want” Button
You can’t always get what you want, and sometimes just wanting can be problematic.

10/05/2012 - Hot Topics in Social Media
Haynes and Boone Partner David Bell presented "Hot Topics in Social Media" at the SMU Dedman School of Law 20th Annual Corporate Counsel Symposium on October 5, 2012.

08/01/2012 - Cops Can Read Your Text Messages Without a Warrant
This article in Lawyers.com exlores the Washington State privacy act after the Court of Appeals in Washington rejected an argument that the state’s use of his text messages violated the privacy act.

07/10/2012 - Guess What? You Don’t Own Your Tweets
This article in Lawyers.com explores the privacy rights ramifications of a New York criminal court’s ruling that Twitter must comply with a subpoena and turn over a user’s tweets.

05/11/2012 - A Picture is Now Worth 800 Million Users
Facebook’s acquisition of the popular photo-sharing app Instagram portends exciting new opportunities for brands.

03/27/2012 - Fraud Allegations Sour Apple’s Promises That Its App Store Is Secure
Apple should be celebrating. Its App Store recently exceeded 2 billion downloads.

02/28/2012 - Peeved with Biebs: Justin Bieber Sued over Joustin’ Beaver Game App
Last Friday, app developer RC3, Inc. sued Biebs, aka pop star Justin Bieber, seeking the court’s declaration that RC3’s game “Joustin’ Beaver,” available for Android devices and the iPhone/iPad, is protected under the First Amendment.

02/16/2012 - All A-Twitter: When Someone Else Owns the Twitter Username for Your New Brand
You’ve selected the perfect brand. Trademark counsel has cleared it. You even have the domain.

01/09/2012 - The IP Beacon, January 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.  

12/14/2011 - Social Media Marketing Magazine Guest Article: Tips for Addressing Brand Misuse While Mitigating PR Backlash
Perhaps you’ve heard about Chick-fil-A’s recent “oops” moment. The company fired off a cease and desist letter to a Vermont artist over his use of and trademark application for EAT MORE KALE.

12/05/2011 - Spirits: The Original Social Media and Its Limits
If you are of legal drinking age, then go ahead and indulge-in alcohol-related online communications, that is.

12/05/2011 - See No Facebook Speak No Facebook (or Twitter): Interesting Social Media Restrictions in Europe
Recent social media restrictions in two of the world’s more technologically-advanced countries portend possibly similar bans elsewhere of popular social media sites.

12/05/2011 - Students and Social Media: The Supreme Court Could Decide Whether Schools May Punish Off-Campus Online Speech
A teenager who posts a racy photo on Facebook might be grounded for a week, but should the teen also be suspended from school or kicked off the swim team?

09/21/2011 - PR News "PR Insiders" Column: Watch Your Language - When Cease-and-Desist Letters Go Viral
When Apple’s legal department sent a letter demanding mobile phone application creator GetJar cease its use of the term “app store” in July 2011, the result was not what Apple had hoped for.

08/11/2011 - Law360 Guest Column: Social Media, Speech And The Schoolhouse
The U.S. Supreme Court soon will have the opportunity to consider the extent to which the First Amendment protects student use of social media sites and blogs off campus.

05/19/2011 - Social Media for the CEO
David Bell and Sashe Dimitroff discuss some of the legal issues that social media raises, as well as opportunities, pitfalls, and tips about which company executives should be familiar.

05/09/2011 - The IP Beacon, May 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

05/09/2011 - Brand Protection is an App-solute Must
As appeared in The IP Beacon, May 2011.

04/22/2011 - Brand Protection Is An App-solute Must
The ubiquity of mobile and Internet applications, or apps, is astounding. Because the mobile apps market will continue to have an increasingly significant impact on the global marketplace, intellectual property practitioners should familiarize themselves with trademark and copyright issues that apps raise and methods of addressing those issues.

02/28/2011 - One Bad App Spoils the Bunch: Brand Protection in the App Era
This article provides some background on what apps are, as well as trademark and copyright issues they raise and methods of addressing those issues.

02/02/2011 - The IP Beacon, February 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

01/20/2011 - Beware of Fraudulent Trademark and Patent Notices Mimicking Official Communications
As appeared in The IP Beacon, February 2011.

12/17/2010 - FLASH - Supreme Court Does Not Answer Copyright Exhaustion Question in Costco
Earlier this week, the U.S. Supreme Court issued a split decision and failed to resolve whether copyrighted materials legally made abroad can be imported into the U.S. and sold without the express permission of the copyright owner.

10/04/2010 - Trademarks: Taking Search Strategies to the Next Level
Reading and interpreting the results of a global search can be a daunting prospect. This session will provide you with strategies and useful tips to optimize and simplify your review.

07/10/2010 - Selecting and Launching a Brand
In a presentation to the State Bar of Texas at its annual meeting, David Bell reviewed questions and challenges arising in connection with selection and introduction of a brand from a trademark law perspective.

05/07/2010 - The IP Beacon, May 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

04/02/2010 - United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings
A recent ruling should provide some comfort for non-U.S. companies involved in U.S. trademark oppositions or cancellations. The United States Patent and Trademark Office (USPTO) has clarified that companies with no U.S. operations cannot easily be forced to travel to the U.S. for oral depositions.

03/25/2010 - Google AdWords Decision Issued by the European Court of Justice
The European Court of Justice ruled this week that Google did not infringe trademark rights by letting advertisers purchase keywords corresponding to their competitors’ trademarks in Google’s AdWords program.

02/02/2010 - Another Detour? Steer Internet Traffic to Your Sites by Registering .CO Domains
In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers.

01/21/2010 - Policing Trademarks on the Internet and Web 2.0
Presentation slides and "Quick Tips" from the INTA U.S. Roundtable - January 2010

06/10/2009 - Submit Your Trademarks to Facebook to Prevent Infringement
Facebook announced yesterday significant policies that can impact brand owners' online presence. Starting this Saturday, June 13, 2009, Facebook will allow individuals to register usernames that will direct to personalized Facebook URLs.

03/31/2009 - Hot Branding News, Spring 2009
"Hot Branding News" is a quarterly newsletter highlighting current issues and updates prepared by the lawyers in the Franchise and Distribution Group of Haynes and Boone.

01/23/2009 - Protecting Product Configurations: Trade Dress Focus
As presented to the Dallas Bar Association Intellectual Property Law Section.


01/23/2009 - Seven Tips for Clearing a Product Design
Presented at the Dallas Bar Association IP Section Meeting, January 23, 2009.

09/08/2008 - The IP Beacon
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

07/01/2008 - Fraud: The 'F' Word Trademark Owners Should Avoid
As seen in the State Bar of Texas Intellectual Property Law Section Newsletter, Summer 2008 pp. 12-15

03/01/2008 - Protecting Your Client’s Brand Names From Domain Name Theft and Scams
The Commercial Law Connection: The newsletter of the National Bar Association Commercial Law Section, Spring 2008.

02/11/2008 - Fraud: The 'F' Word Trademark Owners Should Avoid
As seen in IPLaw360, February 11, 2008.

06/18/2007 - If You Can't See It, You Can't "Use" It In New York
On May 9, 2007, the Eastern District of New York issued a ruling that use of another owner’s trademark as either a metatag or in keyword advertising does not constitute “use in commerce” and is thus not actionable under trademark law.

10/12/2006 - V Is For "Vindication" For Famous Trademark Owners
The United States Supreme Court issued a landmark dilution ruling in 2003 in Mosely v. V Secret Catalogue, Inc., 537 U.S. 418 (2003).

12/28/2005 - The News on .EU--Registering Domain Names on the New European Union .EU Registry
The European Union has recently launched a new ccTLD (country code top level domain). Instead of using the various national European ccTLD's, such as .fr for French companies, .de for German companies, and .co.uk for U.K. companies, the EU has made available the .eu suffix as a Community-wide ccTLD.

07/14/2005 - Appellate Court Clears the Way for Competitive Pop-Up Ads
The Second Circuit Court of Appeals impedes trademark owners trying to restrict online pop-up advertising that appears when consumers visit the trademark owners’ websites.

06/01/2005 - MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to-Peer Networks and Copyright Law
As seen in The Licensing Journal, June/July 2005.

04/01/2005 - Will the Supreme Court or Congress Modify Copyright Law in an Era of Rampant Digital Piracy?
As seen in NYU Journal of Law and Business, Vol. 1:565.

03/01/2005 - What Might Peer-to-Peer Have to Fear?
As seen in Copyright World #148, March 2005.

02/01/2005 - Will the U.S. Supreme Court End the Heyday of Unauthorized Online Music-Sharing?
As seen in News Exchange, the newsletter for the Licensing Executives Society of Britain and Ireland.
 

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