"Bo Diddley" Rectangular Guitar Body Design the Subject of Trade Dress Case Against Maker of Child-Oriented Guitars

Classic rock fans may readily associate the name Gretsch with the late George Harrison’s Beatlemania-era “Duo Jet” electric guitar, a design reproduced as a limited-edition controller for The Beatles: Rock Band video game.  However, it is another Gretsch guitar design, associated with an even earlier rock pioneer, that […]

UPDATE: FTC Seeks Supreme Court Review of 11th Circuit’s Decision in "Pay for Delay" Case

In a July 23 entry, we summarized the Eleventh Circuit’s ruling upholding a “pay for delay” agreement between pharmaceutical companies to settle patent litigation.[1]  That agreement had been attacked by the Federal Trade Commission (“FTC”) as violating antitrust laws. We characterized conflicting approaches between federal appellate courts on how […]

Middle District of Georgia Refuses to Expand Use-Based Cyberpiracy Liability Beyond Domain Name "Registrant"

On September 24, 2012, the U.S. District Court for the Middle District of Georgia issued an order dismissing a cyberpiracy claim under the Anticybersquatting Consumer Protection Act (“ACPA”) asserted against a defendant corporation.  However, the ACPA claim against individual defendants will remain in the case, at least for the time […]