At the end of last month, the United States Patent and Trademark Office (“USPTO”) released a guide clarifying how they were approaching the refusals of applied-for marks that could be generic. In the past, examining attorneys...more
One of the questions we hear the most from current and prospective clients is whether they should be filing a federal trademark application to protect a certain trademark. This question is often followed up with the question...more
On Monday the Supreme Court issued a highly anticipated decision in United States Patent and Trademark Office v. Booking.com, ruling that a term is generic for a class of goods or services only if the term has that meaning to...more
Firstly, we hope that everyone is staying safe and handling the present circumstances as well as possible. The United States Patent and Trademark Office (USPTO) has taken steps to accommodate intellectual property owners...more
On Monday the United States Supreme Court addressed a case of piracy about pirates. In a unanimous decision in Allen v. Cooper, the Supreme Court ruled that states have sovereign immunity against copyright infringement...more
If you ever forget what day it is, all you need to do is check out the Instagram account of Lebron James, and he can tell whether it’s “Taco Tuesday!!” On August 15, 2019, James took things a step further and filed a...more
Beginning August 3, 2019, all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board (TTAB) proceedings must be represented by an attorney who is licensed to practice in the United...more
Commercial landlords can now add another item to the already interminable list of risks they face in their capacities as landlords: liability borne from a tenant’s trademark infringement. The notion that a landlord could be...more
In March, news broke that stationary bike maker Peloton Interactive had been slapped with a copyright infringement lawsuit seeking more than $150 million in damages (Downtown Music Publishing LLC, et al. v. Peloton...more
Fuct, a L.A. based clothing brand will be infront of the U.S. Supreme later this month. In the past, the United States Patent and Trademark Office (“USPTO”) has prohibited registration of marks that constitute immoral or...more
For years, copyright owners have faced uncertainty as to when they could file a copyright infringement claim. Title 17 U.S.C. § 411(a) states that “no civil action for infringement of the copyright in any United States work...more
The United States Patent and Trademark Office (“USPTO”) posted an update on its official website yesterday with information about its activities during the shutdown. Up until this point, the USPTO has been operating through...more
The issue of intellectual property used within video games is in the news again. If you haven’t already heard, wildly popular video game Fortnite features a dance called “Swipe It” that is the center of a pending lawsuit....more
Attention brand owners and users of the Amazon Brand Registry: you need to be aware of a scam currently happening at the United States Patent and Trademark Office (“USPTO”). Scammers are submitting fraudulent requests to...more
Two manufacturers of large inflatable swan-shaped pool floats made a splash in a New York appeals court earlier this month. The Second Circuit rejected a New York company’s attempt to claim exclusive trade dress rights to a...more
Hasbro, Inc. recently made headlines when it received a federal trademark registration for the scent of its Play-Doh product. While it isn’t impossible to register a trademark for a scent, it is rare, and it is a reminder of...more