Susan Neuberger Weller

Susan Neuberger Weller

Mintz Levin

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…..and Don’t Even Think About Advertising a MARCH MADNESS Event Either!

It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.” Brackets are being completed, college jerseys are being pulled...more

3/17/2015 - Advertising March Madness NCAA Trademark Infringement Trademarks

Bayer Given a Headache by Trial Court Decision in FLANAX US Trademark Dispute

On February 6, 2015, a US District Court issued a ruling which underscores the territorial nature of trademark rights and the need to seek formal protection for your marks where possible in all countries of interest. The US...more

3/3/2015 - Aleve Bayer Lanham Act Mexico Paris Convention Popular Trademark Infringement Trademark Trial and Appeal Board Trademarks

Use It or Lose It: When Can a Trademark Registered Under Section 44(e) or 66(a) Be Deemed “Abandoned” in the US?

Unlike most countries, US trademark law generally requires that a mark be in use before it can be protected. The US recognizes common law rights in unregistered marks if they have been adopted in good faith and are in actual...more

2/4/2015 - Abandonment Commercial Use Intent-to-Use Popular Registration Trademarks USPTO

Don’t Even Think About Advertising a SUPER BOWL Party!

As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country...more

1/27/2015 - Corporate Counsel Football IP License NFL Super Bowl Trademarks

The US Supreme Court Holds that Juries Should Decide the Issue of Trademark Tacking

In the first substantive trademark decision it has issued in a decade, the US Supreme Court, in Hana Financial, Inc. v. Hana Bank, case number 13-1211 (January 21, 2015), affirmed the Ninth Circuit by holding that whether two...more

1/22/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

“Copyright and Marriage Equality Act” Bills Introduced in both the House and Senate

On January 6, 2015, Sen. Patrick Leahy introduced Senate bill 23 entitled the “Copyright and Marriage Equality Act.” The bill would amend Section 101 of title 17 of the United States Code by striking the current definitions...more

1/21/2015 - Copyright Marriage Equality Pending Legislation Spouses Surviving Spouse

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

1/14/2015 - Appeals DOJ Federal Rules of Civil Procedure Fifth Amendment Football Lanham Act Native American Issues Notice of Intent Redskins Takings Trademark Trial and Appeal Board Trademarks USPTO

The US Trademark Office Rings in the New Year with Some Reduced Fees!

It is not only the price of oil and gas that is dropping! The US Trademark Office has reduced the filing fees for new trademark applications and for registration renewal applications. The previous filing fee for each class in...more

1/8/2015 - Electronic Filing Filing Fees USPTO

It’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs

Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly. Fabric...more

11/6/2014 - Copyright Design Patent Patents Trademarks

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

8/28/2014 - America Invents Act Blackhorse v Pro-Football Disparagement Fifth Amendment First Amendment Football Lanham Act Popular Redskins Registration Sports Takings Trademarks

Copyright Ownership is not Monkey Business: Wikimedia and Slater Fight Over Selfie Photographs

A simmering dispute about ownership of a copyright in photographs has now garnered international attention. As more fully reported in an article in the British newspaper The Telegraph, British photographer David Slater has...more

8/8/2014 - Copyright Photographs Wikimedia

Tesla Successfully Resolves Chinese Trademark Dispute

Further to our recent Tesla Motors post, Bloomberg and BNA report that Tesla has resolved its trademark dispute with Zhan Baosheng, the individual who registered the TESLA marks in China. ...more

8/7/2014 - China Popular Tesla Trademark Litigation Trademarks

And Speaking of Foreign Trademark Filing Strategy: Tesla Motors is Sued in China for Trademark Infringment

Further to our recent post about the worldwide trademark trials and tribulations of Anheuser-Busch and its BUDWEISER trademark, we now report that the up-and-coming electric car manufacturer Tesla Motors Inc. has been sued...more

7/10/2014 - China Infringement Popular Tesla Trademark Litigation Trademarks

Trademark Rights around the World: It May Be BUDWEISER® in the US, But Not Everywhere

Anheuser-Busch, the venerable American beer brewer, and Budejovicky Budvar NP, a Czech beer brewer, have been fighting since the 19th century over rights around the world to the BUDWEISER trademark. A Czech town called Ceske...more

7/1/2014 - Anheuser-Busch EU Federal Trademark Register Popular Registration Trademark Litigation Trademarks

Let’s Set the Record Straight….the Redskins Still Own the REDSKINS Tradmarks

The overwhelming public reaction to the US Trademark Trial and Appeal Board’s June 18 decision canceling six REDSKINS trademark registrations on grounds that the mark disparaged Native Americans has been impressive. However,...more

6/20/2014 - Blackhorse v Pro-Football Disparagement Football Laches Native American Issues NFL Popular Redskins Registration Trademark Act Trademark Trial and Appeal Board Trademarks

“REDSKINS” US Trademark Registrations are Canceled for Disparaging Native Americans

A three-judge panel of the US Trademark Trial and Appeal Board (TTAB), for the second time and in a 2-1 decision, has held that the REDSKINS trademark used in connection with professional football and related services by the...more

6/19/2014 - Blackhorse v Pro-Football Disparagement Football Laches Native American Issues NFL Popular Redskins Registration Trademark Act Trademark Trial and Appeal Board Trademarks

OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law...more

6/18/2014 - Copyright Copyright Infringement DMCA Notice Requirements Popular Safe Harbors Section 512 The Copyright Act Third-Party Third-Party Service Provider

U.S. Supreme Court Allows Pom Wonderful to Pursue Lanham Act Claims against Coca-Cola

Further to our April 23 post on the Pom Wonderful-Coca-Cola U.S. Supreme Court case, the Court on Thursday June 12 issued an unanimous decision (with Justice Breyer taking no part in the consideration or decision of the...more

6/13/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Hershey Is Not So Sweet on Maryland Senator’s HERSHEY Campaign Logo

When you think of The Hershey Company, you think of delicious chocolate candy bars, chocolate kisses, and a fabulous amusement park in Hershey, Pennsylvania. The company’s brown candy bar wrappers with the HERSHEY’S trademark...more

6/11/2014 - Hersheys Popular Trademark Litigation Trademarks

OOHRAH! A Few Good Trademarks: The U.S. Military’s Trademark Campaign

Recently, there was an interesting article in the The New York Times discussing the current state of military trademarks. Many people might think that federal and state government entities and agencies cannot, do not, or...more

5/29/2014 - Trademark Litigation Trademarks

Counterfeit Certification Marks: How to Certify that the “Certified” is Certified

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes, HARRIS TWEED, and many,...more

5/19/2014 - Canada Certifications Counterfeiting ICE IPR Labeling Manufacturers USPTO

Pom Wonderful and Coke in a Juicy Battle at the U.S. Supreme Court

On Monday April 21, Pom Wonderful LLC, the maker of a line of POM WONDERFUL® pomegranate juice products, www.pomwonderful.com, and The Coca-Cola Company, which sells MINUTE MAID® juice products, www.minutemaid.com, battled it...more

4/24/2014 - Coca Cola FDCA Food Labeling Lanham Act POM Wonderful SCOTUS

Houston, We Have a Problem: City Petitions the US Supreme Court to Register Its Official Seal as a Trademark

The City of Houston, Texas has filed a Petition For Writ Of Certiorari with the Supreme Court of the United States asking the Court to interpret Section 2(b) of the Lanham Act to determine whether it prohibits a government...more

1/8/2014 - Lanham Act Municipalities SCOTUS Trademarks

Can an Emoticon be Protected as a Trademark?

Gap Inc. and Diane Von Furstenberg’s company DVF Studio have asked the federal court in the Southern District of New York to rule on whether the heart emoticon <3 can be protected as a trademark. Their declaratory judgment...more

1/7/2014 - Trademark Litigation Trademarks

Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo

The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a...more

12/19/2013 - Copyright Fair Use Photographs

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