Did you know?:Trademark Infringement

Beyoncé launched a trademark infringement lawsuit against an online company selling “Feyonce” apparel, claiming the company’s engagement celebration merchandise is capitalizing on her name and famous “put a ring on it” line.

The case is Knowles-Carter et al. v. MAURICE et al., case number 1:16-cv-02532, in the U.S. District Court for the Southern District of New York.

Bill Donahue, Beyonce Sues Over ‘Feyonce‘ Apparel Line, LEXIS Law 360 (ed. Rebecca Flanagan 2016).

New York law provides:

N.Y. Gen. Bus. Law § 360-l provides for recovery where a plaintiff owns a distinctive mark and there is a likelihood of dilution to that mark. Dilution may occur through either “tarnishment” or “blurring,” and liability does not depend upon proof of either a likelihood of confusion or even competition between the parties.

It is an axiomatic principle of trademark law that injunctive relief is appropriate where two parties’ marks are deemed to be confusingly similar, even where the services provided by the parties are not identical.

Patsy’s Italian Rest., Inc. v. Banas, 575 F. Supp. 2d 427, 433 (E.D.N.Y. 2008)

“. . .Trademark law’s fundamental purpose is to not only “encourage investments in strong trademarks, but also ‘to protect the ability of consumers to distinguish among competing producers.'”

Malletier v. Burlington Coat Factory Warehouse Corp., 426 F.3d 532, 539 (2d Cir. 2005) (quoting Park ‘N Fly, Inc. v. Dollar Park & Fly, Inc., 469 U.S. 189, 198, 105 S. Ct. 658, 83 L. Ed. 2d 582 (1985)) (emphasis added).

Guardian Article about the lawsuit.

Feyonce Shop that I believe is the company involved in the suit where you can view some of the products I believe are in question

Intellectual Property In Haiti

Christelle_Vaval2I had the amazing opportunity of having a short chat with Ms. Christelle Vaval and thought I would share the invaluable information I learned.

Ms. Vaval is an attorney with Le Cabinet Salès in Pétion-Ville. Her areas of expertise are Civil law, Contracts, International law, Business Law, Labor Law, and Intellectual Property.

http://www.cabinetsales.com/attorney/christelle-vaval/

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I am in law school now in TX and wanted to know more about how you used your law degree to start working in Haiti! I see that you did intellectual property and was wondering about that field as well and how you are involved in it and how you like it!

“Quebec is the only province in Canada that is a civil law jurisdiction. Haiti’s legal system is also a province of civil law. So I did the equivalent of my diplomas when I came back. And, since I was already a member of the Quebec bar, I did not have to do the bar exams.

It is difficult to be specialized in Intellectual Property in Haiti. I therefore had to have a broader practice, so I am taking matters in Business law. Haiti is challenging, I had the opportunity to be put in the front row of important transactions during my junior years.”

 

 Wow, you have done a lot of hard work. The school I am in specializes in Intellectual Property but I am more interested in working for government organizations and public policy but I just don’t know what type of law would allow me to do that. Do you have any knowledge of Immigration Law in Haiti? I have heard that I would be able to practice in Haiti with my U.S. degree

“I think that if you are specialized in public procurement you will be able to find a lot of opportunities. Immigration law in Haiti is not a complex field. We have the Residency Permit for foreign citizens and incorporation of companies. Taxation is 30% for companies.”

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I look forward to speaking with Ms. Vaval on future occasions to learn more about practicing in Haiti and also her inspiring legal career.