Fitzpatrick’s Trademark Law and Practice Update

Volume 4, Issue 2
November 2010

The Fall 2010 edition of Fitzpatrick’s Trademark Law and Practice Update explores the recent Eastern District of Virginia decision in Rosetta Stone, Ltd. v. Google, wherein the court, on a motion for summary judgment, concluded that Google’s sale of Rosetta Stone’s trademarks as “keywords” did not amount to trademark infringement. The Update also reviews a recent decision discussing where the line should be drawn when it comes to utilizing third party trademarks in domain names, and provides guidance on protecting product packaging and product configurations. Finally, two decisions by the Trademark Trial and Appeal Board give trademark applicants insight into why it is inappropriate to use advertising materials as specimens in support of trademark applications, and whether test-marketing sales can suffice for the purpose of claiming a date of first use in support of a trademark application.

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