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 - 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

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

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

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

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

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

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

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 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

Contributory Infringement and Copyrights: If It Involves Your Customer, It Could be Your Problem Too

Right on the heels of our blog on trademarks and contributory infringement, comes a case in which the court refused to dismiss a claim against Amazon for sales by third parties of allegedly infringing photographs on its site....more

6/24/2013 - Amazon Contributory Infringement Copyright Infringement Trademarks

Counterfeits, Trademark Infringement, and Contributory Liability: Your Vendors are Your Problem

Counterfeit goods seem to be everywhere, and efforts to police their ubiquitous existence often seem futile. However, a recent decision involving counterfeit Coach products should inspire those who host vendors of counterfeit...more

6/19/2013 - Contributory Infringement Counterfeiting Fashion Industry Infringement Trademarks Vendors

More About Trademark Surnames: The Borghese Dispute

Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname. The Borgheses hail from an Italian noble family and their using the family...more

6/18/2013 - Cosmetics Marketing Surnames Trademarks

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