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Faulty Universe and Suggestive Stimuli Doom Admissibility of Consumer Survey Evidence

There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more

Scantily Clad Survey Gets Bounced Out in Strip Club Scuffle

Survey evidence in Lanham Act cases can often times be pretty revealing. If you develop it correctly, survey evidence can be a key ingredient to a successful outcome. But if you develop it incorrectly it will show flaws that...more

Down the Hatch: Jägermeister Douses Impaired Survey Evidence in Trademark Victory

Jägermeister: it’s no longer for “pukey frat guys.” Or, at least according to Jägermeister’s recent adversary, that was the sordid reputation Jägermeister wanted to shed in a PR blitz launched in 2016....more

Tiffany & Co. Jury Verdict Against Costco Loses All Its Luster

It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more

Tom Brady Gets Sacked at the USPTO

Love him or hate him, everyone agrees that NFL Quarterback Tom Brady is terrific, except the USPTO.  Earlier this year, Mr. Brady’s company filed to register the trademark “Tom Terrific” for t-shirts and various other...more

The “F Word” Taking Center Stage at the U.S. Supreme Court

On Friday, while some of us may have been muttering a few bad words as we slogged through our post-holiday inboxes, the Supreme Court was toying with a naughty word of its own: FUCT. That’s right. Late last week the Court...more

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more

Flawed Consumer Survey Wipes Out $54 Million Verdict in Trademark Infringement Dispute

In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more

A March to Madness: Can the NCAA Claim Ownership of the Third Month of the Year?

The NCAA has a well-deserved reputation for being quite zealous when it comes to protecting its registered trademark “March Madness.” We previously blogged about this here at TheTMCA.com. But a recent opposition filed by the...more

Another IP Lesson from Bikini Bottom: What “The Krusty Krab” Teaches Us About Trademark Protection for Fictional Places

In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend. ...more

Dr. Seuss Sues in Sue-ville This Holiday Season

You know Green Eggs and Ham, and the Cat in The Hat, Horton, the Lorax, and others like that. But a new book is coming, although now a bit slow, It’s called “Oh, The Places You’ll Boldly Go!”...more

11/21/2016  /  Copyright , Infringement , Trademarks

5th Circuit Adds Fuel to the Octane Fitness Fire in Lanham Act Cases

The prospect of recovering attorneys’ fees after notching a victory under the Lanham Act just got a bit rosier–at least if you find yourself prevailing in the 5th Circuit. The Lanham Act allows the recovery of attorneys’...more

USPTO to SCOTUS: SOS on the Lanham Act ASAP

On April 20, 2016, the USPTO made it official: It formally requested the U.S. Supreme Court to review the en banc Federal Circuit decision that held Section 2(a) of the Lanham Act violated the First Amendment. At issue...more

Avoiding The NCAA’s Full Court Press During the Month of Mental Anguish

It’s a wonderfully maddening time of year. “Selection Sunday” (all 2+ hours of it!) is in the rear view mirror, collegiate teams are scurrying off for their opening games, and millions of basketball fans are spending...more

Katy Perry, Last Year’s Super Bowl, and a Shark with a Mark

With Super Bowl 50 quickly approaching, it’s a perfect excuse to check in on one of the IP issues that made big waves at last year’s “Big Game.” You may recall that the Super Bowl halftime show last year featured Katy Perry...more

Federal Circuit Holds Lanham Act’s Bar on Registering “Disparaging Marks” Violates the First Amendment

The U.S. Court of Appeals for the Federal Circuit has just gone where no other court has gone before. In a tour-de-force judicial opinion, the Court emphatically held that a small sliver of the Lanham Act—the “disparaging...more

Are Things Getting Nutty at the USPTO?

As we enter the Thanksgiving and holiday season this year, it is particularly apropos to ponder the following question: Is the TTAB going nuts? Congress tells us that the PTO cannot register trademarks that are scandalous...more

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