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And Speaking of Foreign Trademark Filing Strategy: Tesla Motors is Sued in China for Trademark Infringement

July 9, 2014 | Blog | By Susan Neuberger Weller

Further to our recent post about the worldwide trademark trials and tribulations of Anheuser-Busch and its BUDWEISER trademark, we now  report that the up-and-coming electric car manufacturer Tesla Motors Inc. has been sued in China for trademark infringement by a Chinese businessman who registered the rights to the TESLA mark in China before the US carmaker entered the Chinese market.
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Trademark Rights around the World: It May Be BUDWEISER® in the US, But Not Everywhere

June 30, 2014 | Blog | By Susan Neuberger Weller

Anheuser-Busch, the venerable American beer brewer, and Budejovicky Budvar NP, a Czech beer brewer, have been fighting since the 19th century over rights around the world to the BUDWEISER trademark. A Czech town called Ceske Budejovice is the original source of this dispute.
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Let’s Set the Record Straight….the Redskins Still Own the REDSKINS Trademarks

June 19, 2014 | Blog | By Susan Neuberger Weller

The overwhelming public reaction to the US Trademark Trial and Appeal Board’s June 18 decision canceling six REDSKINS trademark registrations on grounds that the mark disparaged Native Americans has been impressive.
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“REDSKINS” US Trademark Registrations are Canceled for Disparaging Native Americans

June 18, 2014 | Blog | By Susan Neuberger Weller

A three-judge panel of the US Trademark Trial and Appeal Board (TTAB), for the second time and in a 2-1 decision, has held that the REDSKINS trademark used in connection with professional football and related services by the Washington Redskins National Football League team was disparaging to a substantial composite of Native Americans between 1967-1990, the time during which the registrations issued.
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OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

June 17, 2014 | Blog | By Susan Neuberger Weller

The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement.
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U.S. Supreme Court Allows Pom Wonderful to Pursue Lanham Act Claims against Coca-Cola

June 12, 2014 | Blog | By Susan Neuberger Weller

Further to our April 23 post on the Pom Wonderful-Coca-Cola U.S. Supreme Court case, the  Court on Thursday June 12 issued an unanimous decision (with Justice Breyer taking no part in the consideration or decision of the case) reversing the Ninth Circuit  and holding that competitors may bring Lanham Act claims, like those brought by Pom, challenging food and beverage labels regulated by the FDCA.
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Hershey Is Not So Sweet on Maryland Senator’s HERSHEY Campaign Logo

June 10, 2014 | Blog | By Susan Neuberger Weller

When you think of The Hershey Company, you think of delicious chocolate candy bars, chocolate kisses, and a fabulous amusement park in Hershey, Pennsylvania.
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OOHRAH! A Few Good Trademarks: The U.S. Military’s Trademark Campaign

May 28, 2014 | Blog | By Susan Neuberger Weller

Recently, there was an interesting article in the The New York Times discussing the current state of military trademarks. Many people might think that federal and state government entities and agencies cannot, do not, or should not own exclusive rights in trademarks used in connection with commercialized products and services.
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Counterfeit Certification Marks: How to Certify that the "Certified" is Certified

May 19, 2014 | Blog

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes,  HARRIS TWEED, and many, many more.
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Counterfeit Certification Marks: How to Certify that the "Certified" is Certified

May 19, 2014 | Blog | By Susan Neuberger Weller

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes, HARRIS TWEED, and many, many more.
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Pom Wonderful and Coke in a Juicy Battle at the U.S. Supreme Court

April 23, 2014 | Blog | By Susan Neuberger Weller

On Monday April 21, Pom Wonderful LLC, the maker of a line of POM WONDERFUL® pomegranate juice products, www.pomwonderful.com, and The Coca-Cola Company, which sells MINUTE MAID® juice products, www.minutemaid.com, battled it out before the U.S. Supreme Court on the issue of whether a private party can bring a claim under  Section 43(a) of the Lanham Act challenging a product label that is regulated under the Food, Drug, and Cosmetic Act.
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Houston, We Have a Problem: City Petitions the US Supreme Court to Register Its Official Seal as a Trademark

January 8, 2014 | Blog | By Susan Neuberger Weller

The City of Houston, Texas has filed a Petition For Writ Of Certiorari with the Supreme Court of the United States asking the Court to interpret Section 2(b) of the Lanham Act to determine whether it prohibits a government entity from federally registering its own flag or coat of arms or other insignia as a mark with the US Patent and Trademark Office.
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Can an Emoticon be Protected as a Trademark?

January 6, 2014 | Blog | By Susan Neuberger Weller

Gap Inc. and Diane Von Furstenberg’s company DVF Studio have asked the federal court in the Southern District of New York to rule on whether the heart emoticon <3 can be protected as a trademark.
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Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo

December 18, 2013 | Blog | By Susan Neuberger Weller

The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a lawsuit filed in Federal District Court in New York.
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Willful Infringement of Copyright in Haitian Earthquake Photographs Cost AFP and Getty $1.2 Million

December 9, 2013 | Blog | By Susan Neuberger Weller

A federal jury in New York has found Agence France-Presse and Getty Images Inc. willful in their infringement of Daniel Morel’s copyrights in eight photographs of the 2010 Haiti earthquake, and ordered them to pay damages of $1.2 million.
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How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

November 5, 2013 | Blog | By Susan Neuberger Weller

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at the time of filing.
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TTAB Refuses to Register “The Slants,” Finding it to be “Disparaging”

October 25, 2013 | Blog | By Susan Neuberger Weller

Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS professional football team marks, the Board in In re Simon Shiao Tam, recently affirmed a federal trademark examiner’s refusal to register THE SLANTS as a mark for an Oregon rock band composed of Asian Americans on grounds that it was a derogatory slang phrase for people of Asian descent.
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Oops! Assignment of Intent-to-Use Trademark Applications: Easy But Not Simple

August 22, 2013 | Blog | By Susan Neuberger Weller

The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications.
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The (Best) Method to the Madness Behind Choosing a Company Name or Mark

July 22, 2013 | Blog | By Susan Neuberger Weller

he Wall Street Journal ran a print article on July 18, 2013 titled “What’s Behind Those Quirky Startup Names?” in which the author Lindsey Gellman discussed the derivation behind unique startup names such as Mibblio, Kaggle, Shodogg, and Zaarly.
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Hells Angels and Toys “R” Us Settle “Death Head” Trademark Litigation

July 11, 2013 | Blog | By Susan Neuberger Weller

When I think of the Hells Angels, what immediately comes to mind are  a notorious gang of men in leather on Harley-Davidson motorcycles, the 1960’s counterculture, and news reports of illicit activity. When I think of Toys “R” Us, what immediately comes to mind are Barbie® dolls, Candyland® board games, Fisher-Price® baby toys, and Lego® blocks.
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