News & Analysis as of

Art, Entertainment & Sports Intellectual Property Administrative Agency

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Three Point Shot - August 2017

by Proskauer Rose LLP on

Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

will.i.am: registered.u.r.not

In In re I.AM.SYMBOLIC, LLC, [2016-1507, 2016-1508, 2016-1509] (August 8, 2017), the Federal Circuit affirmed the decision of the TTAB affirming the Trademark Examiner’s refusal of registration of the mark I AM on grounds of...more

The Slants Win in Matal v. Tam: Trademark Registration Cannot Be Denied for Offensive Terms

by Vedder Price on

On June 19, 2017, the United States Supreme Court held that a portion of the first clause of the U.S. Trademark Law (the “Lanham Act”), which is commonly known as the disparagement clause, was facially unconstitutional under...more

There are Few Absolutes In Likelihood of Confusion; Apparently Fame isn’t one of Them

In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit vacated a Trademark Trial and Appeal Board decision denying cancellation of Fairmont’s Reg. No. 4213619 on the mark...more

Just Like You and Me: Difficulties with Celebrity Trademark Applications

by Knobbe Martens on

Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more

Supreme Court Set to Settle Dispute over Washington Redskins Trademark Registration

by Varnum LLP on

There has been another twist in the story of the long battle by Native American interest groups to obtain revocation of the U.S. registration of the infamous Washington Redskins trademark. This is another step in the 20-year...more

Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First...

The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the...more

Brandmarking - Volume 5, Number 1 - May 2015

by Dickinson Wright on

THEY CAN’T REGISTER THAT AS A TRADEMARK -- CAN THEY? Ronda Rousey, the famous Mixed Martial Arts fighter has filed several applications to register a trademark that presumably reflects her feelings about her detractors....more

Crowded Skies: Opportunities and Challenges in an Era of Drones

by Reed Smith on

In this paper: - Advertising & Promotion - Aviation - Regulatory - Copyright (EU) - Employment and Labor - Export Controls - Film and Television (UK) - Film & Television...more

Trademark Misperceptions Revealed By Reaction to Redskins Decision

by Burns & Levinson LLP on

I can’t define disparagement, but I know it when I see it… On Wednesday, June 18, 2014 the Trademark Trial and Appeal Board, the judicial body that provides review to all Federal trademark filings and disputes relating...more

Redskins trademark case highlights value of linguistic analysis

by Thompson Coburn LLP on

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

Recent Copyright And Trademark Administrative Developments

Some recent administrative developments may be of interest to copyright and trademark practitioners: Copyright Fees - Effective May 1, 2014, the U.S. Copyright Office has amended its registration fee schedule. This...more

What is a domain name? Is it the same as a company name?

by Jaburg Wilk on

Maria Crimi Speth, an Intellectual Property and Internet Law attorney at Phoenix Arizona business law firm Jaburg & Wilk, P.C. discusses domain names. She describes what a domain name is and talks about how it relates to...more

Business Litigation Report -- December 2012

In This Issue: Firm News: ..Quinn Emanuel Deutschland Named “IP Law Firm of the Year” and “Patent Law Firm of the Year” by JUVE ..Intellectual Property Trial Lawyer Amar Thakur Joins Quinn Emanuel...more

Trademark Registration Application for THE SLANTS

THE SLANTS Trademark Registration Application, Office Actions and Responses, plus Notice of Appeal

by Ronald Coleman on

Can THE SLANTS be registered as a trademark? In fact, there are many trademark registrations for the word SLANT. But what if the person who wants to register the mark is Asian? According to the PTO, then the mark may not...more

IP Update, Vol. 15, No. 11, November 2012

by McDermott Will & Emery on

IN THIS ISSUE: Patents - ..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction? ..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents ..Causal...more

Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office recently issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA"). The exemptions, effective as of Oct. 28, 2012 define the limited circumstances that users are allowed to...more

Can you Really Get a Social Game Patent in Less Than a Year?

YES! One of the often cited reasons for not pursuing patents is that they take too long to obtain. In response to this concern, the US Patent office has implemented a procedure that enables applicants to make a request, when...more

Some New (and Some Rejected) Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA") on October 26. The exemptions, effective as of Oct. 28, define the limited circumstances in which users are allowed to...more

Copyright Protection for Clothing Designs Unlikely to Pass in 2013

As the year draws to an end and newly elected members of Congress celebrate over mimosas this morning, I thought we’d check back in on our old friend, the Innovative Design Protection and Piracy Prevention Act (“IDPPPA”) to...more

CA Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law

by Ian Imrich on

[10/30/2012 Press-Release] California Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law: San Francisco -- Attorney General Kamala D. Harris this week began...more

MEA CULPA: U.S. Copyright Office Clarifies Definition of "Compilation" Under Copyright Act

The U.S. Copyright Office recently published a little-noticed, yet potentially far-reaching, "Statement of Policy; Registration of Compilations" in the Federal Register ("Statement"), restricting the definition of...more

Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012

by Ian Imrich on

Reid-Kyl Draft iPoker and iGaming Prohibition Bill Leaked -- "Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012" A copy of the Kyl-Reid draft bill on Internet poker enabling...more

What's Old Is New Again

The Digital Millennium Copyright Act ("DMCA") immunizes conduct involving works the Copyright Act does not protect. That is the upshot of a recent ruling by Judge Barbara Kapnick of the New York Supreme Court in UMG...more

What Do Yoga Poses and Big Data Have in Common?

by Morrison & Foerster LLP on

The U.S. Copyright Office recently issued a policy statement clarifying its approach to examining registrations of compilations, including claims for the selection and arrangement of independently uncopyrightable subject...more

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