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Surnames Inherently Distinctive

Dorsey & Whitney LLP

Following The Earnhardt’s Race To the Courtroom, USPTO Raises the Bar on Surnames

Dorsey & Whitney LLP on

Last month we reported on the Federal Circuit decision in Earnhardt v. Earnhardt, vacating and remanding the TTAB’s dismissal of the opposition by Teresa Earnhardt (widow of Dale Earnhardt) to the “Earnhardt Collection”...more

Ladas & Parry LLP

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

Ladas & Parry LLP on

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

Mintz - Trademark & Copyright Viewpoints

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

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