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The Federal Trademark Statute Assumes Hillary Can’t Win

Today’s example of unintentional sexism comes to us from Section 2(c) of the Lanham Act. On its face, the language of the statute assumes that someone other than Hillary will win the 2016 presidential election – and it won’t...more

Melania Trump’s RNC Speech: Plagiarism, Copyright Infringement, or Both?

On the opening night of the Republican National Convention, Donald Trump’s wife, Melania, delivered a speech from the convention floor in support of Trump’s nomination. The speech was infused with rhetoric about such things...more

Campaign IP Violations Part 3 – Huckabee’s Campaign Pays Up

In December, we told you about Mike Huckabee’s campaign getting sued for copyright infringement for using “Eye of the Tiger” without permission at a rally supporting Kim Davis, the Tennessee clerk that refused to issue...more

The Oman Update - Official Gazette 1152

Ministerial Decisions - Ministry of Heritage and Culture - Ministerial Decision No. 136/2016 Determining the fees for visiting museums affiliated to the Ministry of Heritage and Culture....more

Brexit: IP Considerations in Light of the UK’s Vote to Leave the EU

While the “Leave” result of the June 23 referendum will not have an immediate impact on intellectual property, the eventual British exit (“Brexit”) from the European Union could have long-term implications for IP protection...more

MarkIt to MarketTM -- Special Brexit Edition

Brexit - What You Need to Know Today - 1. No immediate change: The UK's vote last week to leave the EU after 43 years marks the beginning of a legal procedure whereby the UK may start the formal process of withdrawing...more

BREXIT Causes Uncertainty in UK Trademark Protection

The United Kingdom’s decision to leave the European Union may have far reaching consequences for immigration and trade and it will have an impact on trademark rights as well. For those trademark owners who have sought to...more

Sign O’ the Times: the Right of Publicity Comes to Minnesota

The ability to control the use of one’s name, likeness, voice, and other personal attributes is known as the right of publicity. Unlike trademarks, patents, and copyrights, which are types of intellectual property governed...more

What You Need to Know About the Federal Defend Trade Secrets Act of 2016

President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed by Congress at the end of April 2016. This law could impact your property protection, litigation and employment law strategies....more

Campaign IP Violations Part 2 – Trump Sued for Copyright Infringement

In December, we blogged about the unauthorized use of copyrighted songs by political campaigns. Well, those campaigns should also double check the images they are using. Donald J. Trump For President, Inc. was sued in federal...more

The Battle over Havana Club Rum Resumes

The long and complicated battle over the Havana Club brand of rum continues, as recent action by the US government demonstrates a departure from long-standing policy against registration of confiscated trademarks — in this...more

EU Trademark Registrations Covering Class Headings May Require Amendments before September 24, 2016

The European Union has recently amended its trademark law which may impact the protection given by European Union Trademarks (formerly known as Community Trademarks). These reforms will also cover EU designations of...more

Why President Lincoln Put the Civil War on Hold to Extend Copyright Protection to Photographs

We’ve taken advantage of past Presidents Days to recount George Washington’s role in the history of U.S. Copyright law, specifically the birth of fair use. That role was not insubstantial, but it was posthumous and,...more

Presidential Campaigns Using Songs Without Permission Hit a Sour Note

Republican Presidential hopeful Donald Trump is “Not Gonna Take It”. He recently received permission from Dee Snider to use Twisted Sister’s 1984 hit “We’re Not Gonna Take It” in his campaign. Trump sought permission after...more

Intellectual Property Newsletter - September/October 2015

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

The New Cuba Reality and Your Intellectual Property

With the recent changes to the Cuba-U.S. relationship, certain aspects of the Cuban economy are opening up to U.S. companies. You may now be contemplating joining other businesses that are or will be selling or manufacturing...more

Trump Goes A Rockin’: Neil Young Comes A Knockin’

Donald Trump, the New York real estate mogul and self-proclaimed business genius, just kicked off his campaign for the Republican Presidential nomination at Trump Tower in Manhattan to the tune of Neil Young’s Rockin’ In The...more

Does there need to be patent reform?

Regular readers know I am a fan of Last Week Tonight with John Oliver. The show has done multiple segments relevant to our topics of discussion. They recently did a segment on patent reform....more

Balancing the Budget …and Balancing Copyright

The Government of Canada’s Budget Plan for 2015 proposes various measures within the expected areas of tax relief, job creation and economic growth measures.  It also includes a very unexpected proposal to extend the...more

Arkansas Narrowly Avoids Enactment Of Sweeping Publicity Rights Statute

Yesterday, Arkansas Governor Asa Hutchinson vetoed Senate Bill 79. Governor Hutchinson noted that, while the intent of the bill was to “protect the names, voices, signatures, photographs and likenesses of the citizens of...more

Update on IANA Stewardship Transition and ICANN Accountability: US Senate Holds Hearing on Transition and Future of...

On February 25, 2015, the US Senate Committee on Commerce, Science, and Transportation held a hearing on "Preserving the Multistakeholder Model of Internet Governance," during which it heard testimony regarding the Internet...more

Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more

Duke, Hershey, and Winston: Who gets to trademark a famous name?

Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name...more

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey...more

"STOP THE ISLAMISATION OF AMERICA" Is Disparaging

In re Pamela Geller and Robert B. Spencer - The U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (TTAB) refusal to register the mark “STOP THE ISLAMISATION OF AMERICA” in...more

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