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Why FLYING MONKEY WINE Never Got Off the Ground

Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more

9/8/2014 - Copyright Public Domain Trademarks Warner Brothers Entertainment Wine & Alcohol

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

9/5/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

Markit to Market - August 2014

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more

9/3/2014 - Copyright Domain Names gTLD Photographs Public Domain Sunrise Periods Trademarks

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

8/7/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

Registrability and Enforceability -- Look Beyond the Register to Determine Scope of Trademark Rights

The Trademark Trial and Appeal Board's recent decision in In Re The Franchise Group, (TTAB July 2, 2014) reiterates that marks in use in the marketplace, not just on the Register, help determine whether trademarks in the U.S....more

8/6/2014 - Appeals Ex Parte Trademark Trial and Appeal Board Trademarks

An Expensive Reminder to Secure Trademark Rights Prior to Foreign Expansion

Electric car manufacturer Tesla Motors was recently sued in China by businessman Zhan Baosheng. Baosheng registered the TESLA trademark in China in 2006, prior to Tesla's entry into the Chinese market....more

8/5/2014 - China International Trademark Protection Tesla Trademark Litigation Trademarks

MarkIt to Market - July 2014

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter contains an analysis of the TESLA trademark lawsuit in China, a reminder to look beyond the register to determine whether trademarks in the U.S. are both...more

8/4/2014 - gTLD Sunrise Periods Tesla Trademark Litigation Trademarks

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December...more

7/3/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

FDA Draft Guidance - Best Practices for Developing Drug Trademarks

In late May, the FDA released a draft guidance document detailing its best practices for developing trademarks for drugs. The draft guidance, entitled Best Practices in Developing Proprietary Names for Drugs, can be found...more

7/2/2014 - Brand Draft Guidance FDA Pharmaceutical Manufacturers Prescription Drugs Trademarks

Markit to Market - June 2014

In This Issue: - FDA Draft Guidance: Best Practices for Developing Drug Trademarks - U.S. Patent and Trademark Office Proposes Fee Reductions - gTLD Sunrise Periods Now Open - Excerpt from U.S. Patent and...more

7/1/2014 - FDA Filing Fees gTLD Prescription Drugs Sunrise Periods Trademarks USPTO

Markit to Market - May 2014

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

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

6/11/2014 - Brand Domain Names gTLD ICANN Registration Sunrise Periods Trademark Clearinghouse Trademarks

Catalogs as Specimens Showing 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

6/10/2014 - Trademark Trial and Appeal Board Trademarks Use in Commerce

Scammers Still Be Scamming

Based on the volume of scam letters and email sent to us by our clients, trademark and domain name scams continue unabated in 2014. In fact, if anything, these scams have increased in volume and creativity. Remember to look...more

6/6/2014 - Domain Names Fees Registration Scams Trademarks

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

4/29/2014 - Canada Domain Names False Advertising gTLD Lanham Act Lexmark Right of Publicity SCOTUS Standing Sunrise Periods Trademark Act Trademarks

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

3/31/2014 - Brand China gTLD Hong Kong March Madness Sunrise Periods Trademarks

Mark It to Market - January 2014

In This Issue: - How to Use the OLYMPICS/Rings, SUPER BOWL, and MARCH MADNESS Trademarks (Hint: Not Without Permission!) - Trademark Clearinghouse Registrations - Change to the D.O.T. Rule - Generic Top Level Domains...more

1/30/2014 - gTLD March Madness Olympics Sunrise Periods Super Bowl Trademark Clearinghouse Trademarks

The Trademark Registration Process in The United States

In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are...more

3/1/2013 - Registration Trademarks USPTO

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