Although most people will recognize the ubiquitous PIZZA! PIZZA! slogan mark owned by the pizza chain Little Caesar’s, the company’s collection of repeated term marks does not rise to the level of a “family of marks”...more
As we reported to you last September, the U.S. Supreme Court agreed to hear the case involving the constitutionality of the provisions of the Lanham Act upon which the U.S. Trademark Office relied to deny registration of the...more
In a non-precedential opinion, the U.S. Trademark Trial and Appeal Board cancelled two US trademark registrations for the mark PORTON, finding it to be confusingly similar to the mark PATRON. Patron Spirits International AG...more
Well, a lot has happened since we last reported on the District Court’s decision in the FLANAX trademark dispute. As you may recall, the Trademark Trial and Appeal Board granted Bayer’s Petition and cancelled the FLANAX...more
Further to our post last Friday on the SLANTS trademark case, the U.S. Supreme Court today, without comment, refused the Redskins’ Petition to join the SLANTS case challenging the U.S. Trademark Office’s ban on “offensive”...more
The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment. The dispute affects the...more
Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael...more
The Federal Circuit has upheld the findings of the Trademark Trial and Appeal Board that use of the marks MAYA and MAYARI on wine is not likely to cause confusion. Oakville Hills Cellar, Inc. vs. Georgallis Holdings, LLC,...more
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
As we reported in a recent post, PETA lost its efforts, on behalf of Naruto the monkey, to secure his claim to copyright ownership of his “selfie” photograph. ...more
In August 2014, we posted about a copyright ownership dispute involving selfie photographs. The disputed selfie photographs were taken by a monkey named Naruto in Indonesia in 2011. The photography equipment used to take...more
What do Washington D.C.’s NFL team, the Redskins, and Mr. Tam’s rock band, The Slants, have in common? Both have enjoyed unexpected victories recently and both have been called “disparaging” by the Patent and Trademark Office...more
On December 22nd, 2015, the Federal Circuit Court of Appeals ruled that the section of the Lanham Act which bans registration of “disparaging” trademarks is an unconstitutional violation of First Amendment free...more
It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.” Brackets are being completed, college jerseys are being pulled...more
On February 6, 2015, a US District Court issued a ruling which underscores the territorial nature of trademark rights and the need to seek formal protection for your marks where possible in all countries of interest. The US...more
Unlike most countries, US trademark law generally requires that a mark be in use before it can be protected. The US recognizes common law rights in unregistered marks if they have been adopted in good faith and are in actual...more
As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country...more
In the first substantive trademark decision it has issued in a decade, the US Supreme Court, in Hana Financial, Inc. v. Hana Bank, case number 13-1211 (January 21, 2015), affirmed the Ninth Circuit by holding that whether two...more
On January 6, 2015, Sen. Patrick Leahy introduced Senate bill 23 entitled the “Copyright and Marriage Equality Act.” The bill would amend Section 101 of title 17 of the United States Code by striking the current definitions...more
The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more
1/14/2015
/ Appeals ,
Department of Justice (DOJ) ,
Federal Rules of Civil Procedure ,
Fifth Amendment ,
Football ,
Lanham Act ,
Native American Issues ,
Notice of Intent ,
Redskins ,
Takings Clause ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
It is not only the price of oil and gas that is dropping! The US Trademark Office has reduced the filing fees for new trademark applications and for registration renewal applications. The previous filing fee for each class in...more
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
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
8/28/2014
/ America Invents Act ,
Blackhorse v Pro-Football ,
Disparagement ,
Fifth Amendment ,
First Amendment ,
Football ,
Lanham Act ,
Popular ,
Redskins ,
Registration ,
Sports ,
Takings Clause ,
Trademarks
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
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