Mintz Levin - Copyright & Trademark Matters

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Firm Profile: Mintz Levin
One Financial Center
Boston, MA 02111, United States
Phone: 617-348-1601
Fax: 617-542-2241
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
  • United Kingdom
Number of Attorneys
400+ Attorneys

Matal v. Tam: U.S. Supreme Court Holds Prohibition on Disparaging Trademarks Unconstitutional under First Amendment

In a unanimous decision handed down on June 19th, the U.S. Supreme Court struck down as unconstitutional a long-standing prohibition against federal registration of “disparaging” trademarks, finding that the this provision of…more
 /  Art, Entertainment, & Sports Law, Constitutional Law, Intellectual Property

Let’s Go, Big ©! Let’s Go! U.S. Supreme Court Backs Copyright Protection for Cheerleading Uniforms

In a decision that may have broader implications in the U.S. fashion industry, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc. (No. 15-866) ruled that the decorative elements on a cheerleading uniform…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Pizza! Pizza!: Little Caesar’s Repeated Term Slogans Are Not a “Family of Marks”

Although most people will recognize the ubiquitous PIZZA! PIZZA! slogan mark owned by the pizza chain Little Caesar’s, the company’s collection of repeated term marks does not rise to the level of a “family of marks” according…more
 /  Intellectual Property

U.S. Supreme Court to Hear Arguments on January 18, 2017 in “The Slants” Case.

As we reported to you last September, the U.S. Supreme Court agreed to hear the case involving the constitutionality of the provisions of the Lanham Act upon which the U.S. Trademark Office relied to deny registration of the…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property

Trademark Trial and Appeal Board: Non-Spanish Speakers Would Confuse PATRON and PORTON Trademarks

In a non-precedential opinion, the U.S. Trademark Trial and Appeal Board cancelled two US trademark registrations for the mark PORTON, finding it to be confusingly similar to the mark PATRON. Patron Spirits International AG v…more
 /  Civil Procedure, Intellectual Property

Federal Circuit Clarifies What Constitutes Use “In Commerce” Under the Lanham Act

On November 14, 2016, the Federal Circuit clarified confusion regarding what is necessary to satisfy the registration requirement that a mark be used “in commerce.”…more
 /  Civil Procedure, Intellectual Property

DJ Mark Ronson and Bruno Mars Get “Funked” With New Copyright Suit Over “Uptown Funk”

On Friday, October 28, 2016, musicians Mark Ronson and Bruno Mars were hit with a copyright infringement suit based on their wildly popular hit “Uptown Funk.” The plaintiffs, consisting of one living member and the estates of…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Belmora Takes Its FLANAX Headache to the U.S. Supreme Court

Well, a lot has happened since we last reported on the District Court’s decision in the FLANAX trademark dispute. As you may recall, the Trademark Trial and Appeal Board granted Bayer’s Petition and cancelled the FLANAX…more
 /  Civil Procedure, International Law & Trade

U.S. Supreme Court Denies Redskins’ Petition to Join SLANTS Case

Further to our post last Friday on the SLANTS trademark case, the U.S. Supreme Court today, without comment, refused the Redskins’ Petition to join the SLANTS case challenging the U.S. Trademark Office’s ban on “offensive”…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

The SLANTS Trademark Will Play One More Gig: U.S. Supreme Court to Decide Constitutionality of Ban on Disparaging Trademarks

The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment. The dispute affects the…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property

Dilution Update: NYC BEER Is Not Diluted, But The Empire State Building Is

Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael…more
 /  Administrative Law, Communications & Media Law, Intellectual Property

MAYA And MAYARI Are Not Confusingly Similar When Used On Wine

The Federal Circuit has upheld the findings of the Trademark Trial and Appeal Board that use of the marks MAYA and MAYARI on wine is not likely to cause confusion. Oakville Hills Cellar, Inc. vs. Georgallis Holdings, LLC, Case…more
 /  Antitrust & Trade Regulation, Intellectual Property

DICKMAN’S Pickles: Just Another Unregistrable Surname

The US Trademark Trial and Appeal Board has, again, explained how and when surnames may function as trademarks. In re Enumclaw Farms LLC, Application Serial No. 85942195 (TTAB June 24, 2016)…more
 /  Communications & Media Law, Intellectual Property

PETA Isn’t Monkeying Around With Copyright Ownership Rights

As we reported in a recent post, PETA lost its efforts, on behalf of Naruto the monkey, to secure his claim to copyright ownership of his “selfie” photograph…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property

Monkey See, Monkey Sue Doesn’t Fly Under U.S. Copyright Law

In August 2014, we posted about a copyright ownership dispute involving selfie photographs. The disputed selfie photographs were taken by a monkey named Naruto in Indonesia in 2011. The photography equipment used to take these…more
 /  Civil Procedure, Intellectual Property
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