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Focus (Forum & Focus)

May 8, 2008

Off the Mark

Focus Column - By David A. Gerber - In a recent trademark case, the 9th Circuit added further complexity and unpredictability to an analytical framework already freighted with more than enough.

FOCUS COLUMN

By David A. Gerber
This article appears on Page 7

      Does Egg McMuffin infringe iPod? Does "Fly the Friendly Skies" infringe Washington Mutual? Does the familiar paperback book penguin logo infringe the brown exterior of delivery trucks?
      If the only answers you can muster are themselves questions ("Are you kidding?" or "When was your last vacation?"), think again. Under Ja...

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