Susan Neuberger Weller

Susan Neuberger Weller

Mintz Levin

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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

Willful Infringement of Copyright in Haitian Earthquake Photographs Cost AFP and Getty $1.2 Million

A federal jury in New York has found Agence France-Presse and Getty Images Inc. willful in their infringement of Daniel Morel’s copyrights in eight photographs of the 2010 Haiti earthquake, and ordered them to pay damages of...more

12/9/2013 - Copyright Copyright Infringement Earthquakes

How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at...more

11/6/2013 - Intent Intent-to-Use Trademark Office Trademarks USPTO

TTAB Refuses to Register “The Slants,” Finding it to be “Disparaging”

Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS...more

10/28/2013 - Registration Slurs Trade Trademark Act Trademark Trial and Appeal Board

Oops! Assignment Of Intent-To-Use Trademark Applications: Easy But Not Simple

The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications. In a recently issued precedential opinion, the Trademark Trial and Appeal Board has held, once again, that Section...more

8/23/2013 - Intent-to-Use Patent Applications Trademark Act Trademarks USPTO

The (Best) Method to the Madness Behind Choosing a Company Name or Mark

The Wall Street Journal ran a print article on July 18, 2013 titled “What’s Behind Those Quirky Startup Names?” in which the author Lindsey Gellman discussed the derivation behind unique startup names such as Mibblio, Kaggle,...more

7/23/2013 - Brand Color Marks Marketing Trade Names Trademarks

Hells Angels and Toys “R” Us Settle “Death Head” Trademark Litigation

When I think of the Hells Angels, what immediately comes to mind is a notorious gang of men in leather on Harley-Davidson motorcycles, the 1960’s counterculture, and news reports of illicit activity. When I think of Toys “R”...more

7/12/2013 - Harley-Davidson Hells Angels Logos Toys R Us Trademark Litigation Trademark Policing Trademarks USPTO

RG3 and Common Law Trademark Rights: What You Don’t Know Can Hurt You

Following in the footsteps of many sports and entertainment celebrities, the Washington Redskins’ quarterback Robert Griffin III, through his company Thr3escompany LLC, filed a number of US trademark and service mark...more

7/9/2013 - Color Marks Fluid Trademarks Trademark Litigation Trademark Policing Trademarks

Copyright Infringement Damages Upheld in File Sharing Case

The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been...more

7/1/2013 - Copyright Damages Digital Downloads File Sharing Infringement Music The Copyright Act

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