Mintz Levin - Copyright & Trademark Matters

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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
| Intellectual Property

“Why, I declare” … Proper Use of Evidentiary Declarations under New (Post-AIA) Rule 37 C.F.R. 1.130

The Leahy-Smith America Invents Act (AIA) was signed into law on September 16, 2011. While the AIA alters U.S. patent practice in several ways, perhaps the most significant change brought about by the law is the switch from a…more
| Civil Procedure, Intellectual Property

Inter Partes Review Initial Filings of Paramount Importance: What Is Clear After Two Years of Inter Partes Review Under the AIA

September 16, 2014, marked the two year anniversary since certain provisions of the Leahy-Smith America Invents Act went into effect, including post-grant Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal…more
| Civil Procedure, Intellectual Property

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
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Copyright Ownership is not Monkey Business: Wikimedia and Slater Fight Over Selfie Photographs

A simmering dispute about ownership of a copyright in photographs has now garnered international attention. As more fully reported in an article in the British newspaper The Telegraph, British photographer David Slater has…more
| Communications & Media Law, Intellectual Property

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
| Communications & Media Law, Intellectual Property, International Law & Trade

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 in…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

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
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

U.S. Supreme Court Decides Aereo Internet Broadcast Television Case

Yesterday, the U.S. Supreme Court released its widely-anticipated decision in American Broadcasting Cos., Inc. et al. v. Aereo, Inc., wherein it reversed and remanded for further consideration a decision by the U.S. Court of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Computer Implementation Not Enough to Render Abstract Ideas Patent Eligible

The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous decision…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Indigenous Peoples, Intellectual Property

“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
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Indigenous Peoples, Intellectual Property

OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law exempts…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

U.S. Supreme Court Allows Pom Wonderful to Pursue Lanham Act Claims against Coca-Cola

Further to our April 23 post on the Pom Wonderful-Coca-Cola U.S. Supreme Court case, the Court on Thursday June 12 issued an unanimous decision (with Justice Breyer taking no part in the consideration or decision of the case)…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Consumer Protection, Products Liability

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
| Communications & Media Law, Constitutional Law, Elections & Politics, Intellectual Property
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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

50-100 Attorneys

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