Creativity abounds in the CBD industry – both in the wide variety of products infused with it, and in the efforts undergone by applicants trying to circumvent the Trademark Act to register per se unlawful CBD-infused...more
10/3/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commerce Clause ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Intellectual Property Protection ,
Marijuana ,
Trademark Act ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO
On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more
5/9/2019
/ Administrative Appeals ,
Displays ,
Point of Sale Terminals ,
Precedential Opinion ,
Trademark Litigation ,
Trademark Manual of Examining Procedure (TMEP) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Use in Commerce ,
Websites
We jest! Because, of course, Vandelay Industries – famed import/export company referenced by Seinfeld character George Costanza’s (and owned by the multi-talented “Art Vandelay”) -- is fictitious. But for actual...more
Those of us with clients who do business in Canada have been watching with interest as Canada prepares to implement significant changes to its trademark laws. The new Trademarks Act (no more Trade-hyphen- marks!) was enacted...more
The Wall Street Journal recently reported the spike in e-book sales of Alison Waines' two-year-old novel, Girl on a Train. The cause? Apparently, some customers thought they were purchasing The New York Times' best seller...more
For a mobile application developer, clearing the Apple® App Store's® often lengthy approval process and seeing the mobile application available for purchase may seem like the last necessary step to establish use of the name...more
The October issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use in commerce as applied to mobile applications and services, outlines best practices for ensuring your business owns artwork and textual works...more
The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more
Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign - #) as a way to both engage consumers and track social media posts regarding a specific product or topic. Not surprisingly, the...more
In our 140-character world, slogans and rallying cries have become a popular shorthand to signify support for the emotion of the moment. As such slogans capture our national attention, it is virtually inevitable that the next...more
In This Issue:
- Scammers Still Be...Scamming
- Contests – Check Rules Before Offering!
- Catalogs as Specimens
- gTLD Sunrise Periods Now Open
- Excerpt from Scammers Still Be...Scamming:
Based...more
6/12/2014
/ Advertising ,
Brand ,
Contests & Promotions ,
Domain Names ,
Fees ,
gTLD ,
ICANN ,
Registration ,
Scams ,
Sunrise Periods ,
Sweepstakes ,
Trademark Clearinghouse ,
Trademark Trial and Appeal Board ,
Trademarks ,
Use in Commerce
As U.S trademark owners know, the U.S. is unique among jurisdictions in that those who wish to federally register their marks are required to show that they are using a mark “in commerce” in connection with the goods/services...more