Recent Publications - Frank M. Misiti


The Ties That Bind: Second Circuit Rejects Trade Dress for Plastic Bag Closures
December 18, 2017 | Michael C. Cannata | Frank M. Misiti | Intellectual Property
Businesses must give careful consideration to ensuring that their trade dress is not functional.  A determination of functionality is fatal to any claim that a product contains a protectable trade dress.  In Schutte Bagclosures, Inc. v. Kwik Lok Corp., 699 F. Appx. 93 (2d Cir. 2017), the Second Circuit recently underscored the importance of functionality …
Read More
SCOTUS: Provision Barring Registration of Disparaging Trademarks Unconstitutional
June 19, 2017 | Michael C. Cannata | Frank M. Misiti | Intellectual Property
It has been a long road for Simon Tam and his bandmates in the rock group “The Slants.”  Back in November 2011, Tam filed a trademark application for THE SLANTS for use in connection with “entertainment in the nature of live performances by a musical band.”  In doing so, Tam hoped to reclaim the otherwise …
Read More
The Eagles Refuse to Take It Easy on Alleged Infringer
May 17, 2017 | Intellectual Property
Like The Dude from The Big Lebowski, the “Hotel California,” located on the Baja Peninsula in Mexico, is likely no longer a fan of The Eagles.  Earlier this month, the iconic classic rock band filed suit against the hotel in the U.S. District Court for the Central District of California seeking to take it to …
Read More
Starbucks Hits the Bong Designer In the Wallet
December 5, 2016 | Intellectual Property
The U.S. District Court for the Central District of California recently granted Starbucks’ motion for a default judgment against James Landgraf, an individual responsible for the design and sale of glass bongs, clothing, and other novelties that infringed certain logos owned by Starbucks. Starbucks Corp. v. Glass, 2016 U.S. Dist. LEXIS 145694 (C.D. Cal. Oct. …
Read More
Court Rejects Insured’s Attempt To “Shoe-Horn” Trademark Infringement Claims Under Advertising Injury Provisions
October 13, 2016 | Insurance Coverage | Intellectual Property
The U.S. District Court for the Central District of California recently rejected efforts by an insured to procure coverage for allegations of trademark infringement under its “Personal and Advertising Injury” insurance coverage.  Infinity Micro Computer, Inc., et al. v. Continental Casualty Company, et al., 2016 U.S. Dist. LEXIS 134957 (C.D. Cal. Sept. 29, 2016). In …
Read More
Infringement of Adult Images Ex(xx)ed Out of Coverage
July 19, 2016 | Insurance Coverage | Intellectual Property
The U.S. District Court for the Western District of Texas recently rejected an attempt by two online content providers to secure coverage in connection with a copyright infringement action commenced against them by an adult entertainment company.[1] Perfect 10, Inc. (“Perfect 10”) filed an action against Giganews, Inc. (“Giganews”) and Livewire Services, Inc. (“Livewire”) for …
Read More
Cannata and Misiti issue Bulletin entitled, “No Coverage For The Sale Of Counterfeit Goods”
June 6, 2016 | Insurance Coverage | Intellectual Property
Businesses that peddle counterfeit goods beware.  According to a recent decision by the Second Circuit, the advertising injury provisions of a standard general liability policy do not obligate an insurer to indemnify its insured for damages resulting from the insured’s sale of counterfeit goods.  Given that the MSRP for all goods seized by the Department …
Read More
Insurance Coverage Claims are “Non-Core,” New Jersey Bankruptcy Court Confirms
June 30, 2015
  A New Jersey Bankruptcy Court recently confirmed that questions of insurance coverage arise under state law and typically are not core matters subject to being resolved by bankruptcy courts. The authors of this article discuss the decision and its implications. A New Jersey bankruptcy court, in In re John A. Rocco Co., Inc.,1 has …
Read More

Legal updates and news delivered to your inbox