Trademarks, Popular, Young Lawyers

Should My Cease-And-Desist Letter Be Funny?

Fox Rothschild LLP on 12/19/2018

Chances are you have seen rumblings of creative, even (dare I say) funny cease-and-desist letters, particularly those aimed towards trademark or copyright infringement, popping up in the news. You know the ones: an actor...more

Alert: A Dark Time for Data: WHOIS Blackout Period Likely Starting in May

Cooley LLP on 4/19/2018

What do you do when you want to look up the owner of a domain name? You probably perform a "WHOIS search" to find out the owner's name and contact information. The WHOIS system, which makes certain domain registration data...more

It’s 2018: The Impact Of IP Decisions From 2017

Ladas & Parry LLP on 4/12/2018

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Checking in on China: Developments in Litigation and Policy and How They Impact Foreign Intellectual Property

Baker Donelson on 12/6/2017

In the latter portion of 2017, announcements from both business and government have drawn renewed attention to the gradually increasing focus being paid by the Chinese government to protection of foreign intellectual property...more

10 Trademark Cases About Yo Mama

Foley Hoag LLP - Making Your Mark on 5/9/2017

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Foley Hoag LLP - Making Your Mark on 11/29/2016

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner...more

Can Internet Comments and Search Results Prove Trademark Infringement?

Fenwick & West LLP on 11/22/2016

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

Morgan Lewis on 11/7/2016

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

Copyright: Europe Explores Its Boundaries - CJEU Draws the Line with the Resale of Back-Up Copies of Computer Programs

Morrison & Foerster LLP on 10/31/2016

Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs. The Court of...more

Smack Talk: Whole Foods’ Quest to be “World’s Healthiest”

Cole Schotz on 8/30/2016

Whole Foods recently garnered attention when its trademark application for World’s Healthiest Grocery Store was rejected by the U.S. Patent and Trademark Office. The trademark examiner focused on the “World’s Healthiest”...more

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

Foley Hoag LLP - Making Your Mark on 7/19/2016

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

#Trademarks?: Hashtags as Trademarks Revisited

Morrison & Foerster LLP - Social Media on 7/18/2016

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Eat Your Art Out: Intellectual Property Protection for Food

Foley Hoag LLP - Making Your Mark on 6/21/2016

Let’s face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it. Posting photos of food on Instagram is now a universal pastime. ...more

Top Five Reasons Why You Should File For Trademark Protection In Cuba

Foley Hoag LLP - Making Your Mark on 5/3/2016

As the U.S. and Cuba progress towards normalizing trade relations, many U.S. companies are contemplating whether it makes sense to do business in Cuba. While some companies already plan to enter the Cuban market, others have...more

Passive Trademark Licensor Held Not Liable for Product Defect

Dorsey & Whitney LLP on 3/31/2016

Can merely licensing a trademark result in strict liability for injuries resulting from a product bearing the trademark? A decision earlier this month says no....more

Rolls-Royce & the Rapper: Social Media Activity Helps Decide a Trademark Tussle

Pillsbury - Internet & Social Media Law Blog on 3/24/2016

We recently wrote about a musician who got into some trouble with a court by using social media to flaunt images of hundred dollar bills after he had filed for bankruptcy. Now, an Atlanta-based rapper known as Rolls Royce...more

Superman, Superdad, and the Limits of a Trademark Parody Defense

Dorsey & Whitney LLP on 1/7/2016

Superman has triumphed yet again, this time with help from the federal court in the Central District of California. It wasn’t actually Superman that scored this particular victory, but DC Comics, owner of the trademark rights...more

Domain Name Strategies for Start-Up Companies

Just as it is important for start-up companies to be mindful of early-stage trademark and copyright protection strategies (see our guides entitled “Trademark Strategies for Start-Up Companies” and “Copyright Strategies for...more

Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright

BakerHostetler on 10/13/2015

In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’… under which, once the patent or...more

7 Intellectual Property Issues Startup Entrepreneurs Should Not Overlook

JD Supra Perspectives on 9/30/2015

When startups are in the whirlwind of launching a new product or strategizing a marketing plan, there are crucial intellectual property issues that should not be overlooked. Here are seven things startups should know about IP...more

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

Kelley Drye & Warren LLP on 9/23/2015

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...more

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

BakerHostetler on 9/10/2015

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

The Evolving Role of the Hashtag in Trademark Law

Pillsbury - Internet & Social Media Law Blog on 9/9/2015

Oh, the once humble hashtag (or pound sign, number sign, octothorpe, etc.). For so long a symbol both ubiquitous and free from controversy, its new life as a go-to signifier of discussions and trending topics on Twitter has...more

Trademark Specimens: Singular or Plural Matters

Akerman LLP - Marks, Works & Secrets on 8/19/2015

The Trademark Trial and Appeal Board recently re-designated as precedential its May 12, 2015 decision that affirmed refusal to register a mark because the applicant’s specimens – showing the proposed mark in plural form,...more

Trademark Strategies for Start-Up Companies

Most innovative start-up companies appreciate that a sound patent strategy is critical to success in the marketplace, and in making the company attractive to investors and future acquirers. But they overlook the importance of...more

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