As we head into a new year after a US election year, we are sure to see two things in the media, all kinds of articles on New Year’s Resolutions and all kinds of articles on what we can anticipate occurring in the inaugural...more
“[T]he comma…this capricious bit of punctuation…” United States v. Ron Pair Enterprises, Inc., 489 US 235, 249 (1989) (O’Connor, J, dissenting). For want of a comma, we have this case.” O’Connor et al. v. Oakhurst Dairy et...more
The phrase “make your mark on history” is a commonplace one with several meanings and connotations.
It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more
The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has...more
6/19/2023
/ CAFC ,
Certiorari ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
Interesting question: Can someone trademark another person’s name without that person’s consent? The answer to that is usually “no,” but, hey, we would not be the first people to say that we live in interesting times. And if...more
On December 4, 2019, the Scotch Whiskey Association filed opposition to the trademark application of ASW Distillery LLC, an Atlanta distiller, that was seeking the mark BURNS NIGHT for an American malt whiskey, noticeably...more
1/16/2020
/ Country of Origin ,
Deceptively Misdescriptive ,
Failure To State A Claim ,
Motion to Dismiss ,
Poetry ,
Scotland ,
Trademark Application ,
Trademark Opposition Proceedings ,
Trademarks ,
USPTO ,
Wine & Alcohol
There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more
3/13/2019
/ Asset Seizure ,
Collective Marks ,
Constitutional Challenges ,
Criminal Convictions ,
Criminal Forfeiture ,
Criminal Proceeds ,
Due Process ,
First Amendment ,
Freedom of Association ,
Freedom of Expression ,
Indictments ,
Intellectual Property Protection ,
Jury Verdicts ,
Motorcycle Clubs ,
Murder ,
Plea Agreements ,
RICO ,
Sentencing Enhancements ,
Service Marks ,
Trademark Registration ,
Trademarks ,
Unincorporated Associations ,
USPTO