Mintz - Trademark & Copyright Viewpoints

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Firm Profile: Mintz
One Financial Center
Boston, MA 02111, United States
Phone: 617-348-1601
Fax: 617-542-2241
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

Second Circuit Provides Clarity on “Inherently Suspect” Standard, Overturns FTC’s Ruling on 1-800 Contacts Trademark Agreements

On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission’s (FTC) administrative order against 1-800 Contacts, Inc. The Second Circuit found that the online retailer’s trademark…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

The Trademark Modernization Act Establishes New Trademark Cancellation Procedures

On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act..…more
 /  Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property

Protecting Lawful Streaming Act Signed Into Law

One of the provisions included in the Consolidated Appropriations Act that President Trump signed into law on December 27, 2020 addresses the so-called “felony streaming” loophole in the Copyright Act and criminal code. …more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Criminal Law, Intellectual Property, Science, Computers, & Technology

Congress Creates a Copyright Claims Board for Adjudication of Small Copyright Infringement Claims

Following up on our initial report last year on the possible creation of a Copyright Claims Board, we can now confirm the creation of that Board. The Consolidated Appropriations Act signed into law by President Trump on December…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property

FDA Issues New Guidance on Drug Naming

Last week, the Food and Drug Administration (“FDA”) issued a pair of Guidance for Industry documents outlining best practices for developing proprietary names (i.e. brand names) for prescription and nonprescription human drug…more
 /  Intellectual Property, Science, Computers, & Technology

U.S. Trademark Office Issues Guide on How It Will Apply the Supreme Court’s Booking.com Decision to Examination of Relevant Applications

As we reported in our July 7, 2020 blog post on the USPTO v. Booking.com B.V decision, the U.S. Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like…more
 /  Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal of Makeup Artist’s Lawsuit

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead, the…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Intellectual Property

First Amendment May Protect Use of Trademarks As Artistic Expression

In a recent decision from the Southern District of New York, Judge George B. Daniels held that the strong First Amendment interests in protecting free artistic expression warranted summary judgment that Activision Blizzard’s use…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law

US Supreme Court Holds That Trademark Owners Need Not Prove Willful Infringement To Seek An Infringer’s Profits

In a unanimous decision, the US Supreme Court held that a trademark owner need not prove willful infringement in order to seek lost profits from a trademark infringer. The case, Romag Fasteners Inc. v. Fossil Inc. et al., case…more
 /  Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

The Masters’ Green Jacket is Now a Registered Trademark

Since 1949, a green jacket has been awarded to the winner of the Masters Tournament, one of golf’s four major championships. Although Augusta National, Inc. had successfully registered the word mark GREEN JACKET as a trademark…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

The FUCT Mark: Is the Prohibition on Scandalous Marks Unconstitutional?

The constitutionality of yet another portion of Section 2(a) of the Lanham Act will soon be determined. Following in the footsteps of the blockbuster decision in Matal v. Tam, 137 S. Ct. 1744 (2017) (“Tam”), the U.S. Supreme…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Significant 2018 Trademark Decisions

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Circuit Courts penned a number of opinions impacting trademark law. Here are some key takeaways from the past year..…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Brewery Defeats Trademark Opposition by Conservative Public Figure Phyllis Schlafly

Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC (“the Brewery”) from trademarking the Schlafly name in connection with various beer products on…more
 /  Civil Procedure, Commercial Law & Contracts, Constitutional Law, Consumer Protection, Intellectual Property

Monkeys Lack Standing to Sue for Copyright Infringement

Well, it’s official: Naruto, the crested macaque monkey who took photographs of himself while on a reserve on the island of Sulawesi, Indonesia in 2011, lacks statutory standing under the US Copyright Act to sue for copyright…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property

After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Two incredible things happened in 1992 for the NFL football team Washington Redskins. It won the Super Bowl and applied to register a trademark Washington Redskins. It has not been so lucky ever since. It has not won another…more
 /  Administrative Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property
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