ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The July 2021 revision replaces and supersedes the October 2018 version, and it...more
Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to small business owners and...more
The news cycle remains dominated by COVID-19 issues. One thing we’re watching is whether and to what extent the World Trade Organization (WTO) will waive intellectual property (IP) protections for vaccines in an attempted...more
In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law, titled Digital Advertising Gross Revenues Tax, is...more
The pandemic relief and economic stimulus legislation that hurriedly passed Congress at the tail end of 2020, named the Consolidated Appropriations Act of 2021 (“the Act”), resulted in major changes to American trademark and...more
Thursday I attended the United States Patent and Trademark Office’s (USPTO) virtual webinar on trademark trends and current developments in the United States and in Israel. Among the speakers were Andrei Iancu, the Under...more
To apply for a federally-registered trademark with the United States Patent and Trademark Office (USPTO), an applicant is required under 15 U.S.C. § 1051 to, among other things, submit specimens of the mark and verify that it...more
The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began. This includes...more
As the Senate hearings for Judge Amy Coney Barrett conclude, and as her confirmation looms nearly certain, I’ve been wondering where she falls on Intellectual Property (IP) issues. Turns out so have others.
An article...more
The Federal Trade Commission (FTC) has a “Cooling-Off Rule” that gives consumers a three-day right to cancel a sale made at their home, workplace, or dormitory, or at a seller’s temporary location, like a hotel or motel room,...more
Earlier this month, the Trademark Trial & Appeal Board (TTAB) issued a precedential ruling that the term “Gruyere” for cheese is generic. In 2015, Swiss and French industry groups sought a certification mark for the term,...more
As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various...more
Last month, the United States Patent and Trademark Office’s (USPTO) began an initiative to expedite the review of, and waive the fees related to, trademark applications for marks used to identify qualifying Covid-19 products...more
This week, the United States Supreme Court issued an important decision in U.S. Patent and Trademark Office v. Booking.com affirming that “Booking.com” is a protectable trademark. This case stemmed from the United States...more
A copyright infringement lawsuit filed by four major publishing companies against the Internet Archive has prompted early termination of the site’s National Emergency Library, a project that made books available...more
An update from Kevin Sandoval, one of the firm’s summer associates:
What started as a copyright infringement claim against the California high school that inspired the television series “Glee” has developed into a conflict...more
An update from Jennifer Madaras, one of the firm’s summer associates:
A California federal judge has ruled that two animal rescue groups can proceed with unfair competition claims against numerous defendants accused of...more
Something we may never have thought would take off – branded face masks – are now on the rise. With CDC recommendations and state/local orders recommending or even requiring employees (and sometimes even all citizens outside...more
Following up on an earlier blog post about the State of Georgia’s ability to copyright the annotations to the Official Code of Georgia Annotated (“OCGA”), the U.S. Supreme Court finally weighed in last month...more
The COVID-19 pandemic has resulted in dozens or hundreds of city, county, and state stay-at-home/shelter-in-place orders requiring closure of non-essential businesses across the county. Most if not all such orders exempt...more
On Friday, the United States Patent & Trademark Office (USPTO) announced that it was cancelling all in-person meetings — including all examiner interviews, all meetings between examiners and applicants, and all hearings...more
By all accounts, and as predicated by multiple news outlets earlier this month, COVID-19 may have a substantial and chilling effect on advertising. Adweek, for example, wrote an article in early March predicting how the...more
Earlier this month, the Federal Trade Commission (FTC) announced that it had voted to seek public comment on its Guides Concerning the Use of Endorsements and Testimonials in Advertising. The FTC explains that the Endorsement...more
This is one we wonder year after year. The International Business Times reports that a 30-second ad for this year’s Super Bowl will run you $5.6 million (a $400,000 increase from last year), and that some companies opt for...more
Sometimes it’s back to basics. This time, the simple difference between trademarks, copyrights, and patents. The U.S. Patent & Trademark Office (“USPTO”) provides guidance....more