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Can you trademark a play on someone else's name, or is that "Linsanity"?

Readers in Florida may not know the term "troll." In the legal profession, it refers to someone who exercises a legal right or privilege strictly for monetary reasons and not for a more traditionally acceptable reason, like rectifying a wrong or expressing a deeply held conviction.

So, is Yenchin Chang a "trademark troll" who is seeking to exploit trademark law and make money off New York Knicks sensation Jeremy Lin? Decide for yourself after reading the rest of this post.

Huggies goes to court, claiming competitor infringed on patents

Naples readers who have ever had a baby in the house know that diapers can quickly add up in terms of expense. They are costly to begin with and naturally, they get used up.

Because most parents are not willing to go without disposable diapers, it should come as no surprise, then, that diapers are actually pretty big business. Companies that make diapers are not afraid to go to court to protect their intellectual property assets and keep competitors from using the designs they use as selling points.

Recently, a federal judge ruled that the question of whether the maker of store-brand diapers sold in Rite-Aid and Walgreens infringed on patents owned by Kimberly-Clark Worldwide, the maker of Huggies, should be answered by a jury.

After long intellectual property litigation, Target wins right to use name in Canada

Everyone in Florida knows what to expect from a store called Target. That brand name refers to the trendy discount retailer with the trademarked red-and-white bull's eye symbol and its stores, which are famous for stocking everything you know you need and lots of things you didn't know you needed until you saw them.

But the name "Target" might not mean the same thing in Canada, and until recently, that was a big problem for the Minneapolis-based retailer. Target plans to open up to 150 Target stores in Canada by 2013, but a company called Fairweather Ltd. Already held the rights to use the name "Target" in connection with retail stores in Canada. It operates a store called "Target Apparel" in Toronto and has said it had planned to open other Target Apparel stores in other Canadian markets.

SOPA blackout delivers; can proponents regroup?

Last week, we brought Florida readers news about the Stop Online Piracy Act and its sister piece of legislation, the Protect IP Act.

Many popular websites, such as Reddit and Wikipedia, went dark last Wednesday to protest the copyright protection measures, which would have required websites to monitor user-uploaded content for copyrighted material, among other things. The blackout seemed to have the intended effect because several key lawmakers withdrew their support from the bills and now PIPA and SOPA proponents seem to be back at Square One.

A quick guide to SOPA, the controversial intellectual property legislation

Some readers in Naples might have noticed that Wikipedia, the free online encyclopedia that is like the Encyclopedia Britannica of the Internet, went dark today. The reason for that was that Wikipedia's founders wanted to protest the Stop Online Piracy Act (SOPA), a piece of federal legislation currently under consideration that would shore up intellectual property protection, but, according to critics, would also infringe on free speech.

This post will take a look at SOPA and explore both the pros and cons of this piece of legislation.

Yves St. Laurent, Louboutin square off in trademark battle

There are likely a fair number of fashionable Naples women who swoon over Christian Louboutin shoes. Louboutin's heels, which are regularly part of the red-carpet looks of celebrities like Jennifer Lopez and Sarah Jessica Parker, are noted for their red soles. Oftentimes, reporters and photographers can tell a celebrity is wearing Louboutin heels by whether or not the soles of her shoes are red.

But another French fashion house, Yves St. Laurent, has also made shoes with red soles and Louboutin is not happy about that. Louboutin sued Laurent in April, claiming that Yves St. Laurent violated its trademark by making some shoes with red soles.

Eli Lilly demonstrates why patents are important

It can sometimes be hard for the average Florida resident to understand why intellectual property assets are important to business owners. After all, these are abstract things -- ideas and formulas and methods -- rather than physical resources or money. Just how valuable can they be?

To answer that question, let's take a look at what is about to happen at Eli Lilly Co. The pharmaceutical giant is poised to see its 2012 financial numbers fall in a dizzying downwards spiral because patents on some of its chief money-makers have either run out or are set to expire very soon.

Millions in knockoff goods seized in southern Florida

 

Over the holiday, U.S. Immigration and Customs Officials swept through southern Florida and confiscated around $76 million in counterfeit goods. The items, which included everything from knockoff Louis Vuitton luggage to imitation Dora the Explorer watches, violated the trademarks and copyrights held by legitimate businesses.

The sweep, called Operation Holiday Hoax II, is notable because the confiscated items seemed to hint that a sophisticated and well-organized operation was behind their sale. As a customs official said,  the ring was quite different than "one person with a suitcase in a corner selling fake watches." She called the counterfeit goods ring "organized crime" and said that while it is understandable that we are all trying to stretch our dollars, every purchase of a knockoff or counterfeit item aids organized crime.

Judge: "Daytona Beach Bike Week" can't be trademarked

Can the phrase "Bike Week Daytona Beach" be trademarked? No, according to a Florida U.S. District Court Judge. She recently canceled a state trademark and attempts to federally trademark the phrase, finding that it had been used by too many people for too long a time period for any one entity to be granted exclusivity.

Her ruling prompted the senior vice president of the Daytona Beach Chamber of Commerce to proclaim that the phrase is one that everyone can use and no one can own. That is a good thing for Daytona Beach businesses, because if the trademark had been allowed to stand, they could not have used the phrase on merchandise or in promotions without paying to do so.

Of patents and poinsettias: A Christmas intellectual property story

This time of year, Naples residents see poinsettias everywhere, from bank lobbies to grocery stores. Clearly, Americans love to have poinsettias around for the holidays; during the holiday season, poinsettias account for 85 percent of potted plant sales. All told, they ring up more than $220 million in sales each year.

Although they are ubiquitous now, up until the 1950s, poinsettias were actually considered very rare and exotic. In fact, there is an interesting intellectual property-related story behind their explosion in popularity. In short, if a patent had been properly obtained at a key moment in the history of poinsettia-growing in America, the way these plants are grown, sold, distributed and displayed might be entirely different than the way these things are done today.