January 10, 2017 | Blog | By Susan Neuberger Weller
In a non-precedential opinion, the U.S. Trademark Trial and Appeal Board cancelled two US trademark registrations for the mark PORTON, finding it to be confusingly similar to the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.
NHL’s Vegas Golden Knights’ Trademark Application Refused Due To Likelihood of Confusion with the College of Saint Rose Golden Knights
December 21, 2016 | Blog | By Brad M Scheller, Tiffany Knapp
In June 2016, the National Hockey League (NHL) announced that Las Vegas would be awarded an NHL franchise team, the first major professional sports team in the city and the first new expansion team for the NHL in over fifteen years.
November 29, 2016 | Blog | By Brad M Scheller, Tiffany Knapp
On November 14, 2016, the Federal Circuit clarified confusion regarding what is necessary to satisfy the registration requirement that a mark be used “in commerce.”
November 10, 2016 | Blog | By Brad M Scheller, Daniel Weinger, Anthony Faillaci
On Friday, October 28, 2016, musicians Mark Ronson and Bruno Mars were hit with a copyright infringement suit based on their wildly popular hit “Uptown Funk.”
October 25, 2016 | Blog | By Susan Neuberger Weller
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 registration although Bayer, a German company, did not use the mark FLANAX in the US.
October 3, 2016 | Blog | By Susan Neuberger Weller
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" trademarks.
The SLANTS Trademark Will Play One More Gig: U.S. Supreme Court to Decide Constitutionality of Ban on Disparaging Trademarks
September 29, 2016 | Blog | By Susan Neuberger Weller
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.
July 5, 2016 | Blog | By Michael Van Loy
In our fifth "IP for Start-Ups” video, “Copyrights versus Patents to Protect Software Innovations”, Mike discusses the pros and cons of using copyrights or patents to protect your software.
June 30, 2016 | Blog | By Susan Neuberger Weller
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 Liang, Opposition No. 91204122 (TTAB June 17, 2016), may help to further explain why it is unacceptable to dilute another’s trademark.
June 29, 2016 | Blog | By Susan Neuberger Weller
The US Trademark Trial and Appeal Board has, again, explained how and when surnames may function as trademarks.
June 28, 2016 | Blog | By Susan Neuberger Weller
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.
June 27, 2016 | Blog | By Michael Renaud, Brad M Scheller
This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has changed.
June 14, 2016 | | By Elizabeth Kurpis
Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark protection in the U.S., it first consider a number of potential obstacles. Use of a company name and its related trademarks in the U.S. is not guaranteed.
March 23, 2016 | Blog | By Susan Neuberger Weller
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. The district court judge held that the copyright law did not recognize an animal's right to own a copyright.
February 24, 2016 | Blog | By Susan Neuberger Weller
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.
February 15, 2016 | Article | By Susan Neuberger Weller
As we ring in the new year, we thought we would remind everyone why the importance of a comprehensive trademark search for a new company name and for a new trademark cannot be overstated:
January 4, 2016 | Blog | By Susan Neuberger Weller, Serge Subach
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 (“PTO”).
December 22, 2015 | Blog | By Susan Neuberger Weller
Today 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 speech.
When a Quirk of Copyright Law Creates a Christmas Classic: It’s a Wonderful Life and the Public Domain
December 17, 2015 | Blog | By Lisa Adams, Derek Constantine
George Bailey stands on a bridge begging for another chance at life. Upon being granted a second chance, he joyously runs home to embrace his family. As the community of Bedford Falls rallies around him and raises funds to save the endangered Building and Loan and George Bailey personally from an unjustified failure, someone proclaims a toast to George Bailey, “the richest man in town.”
A Scandalous Mark to Some, Free Speech to Others: Federal Circuit to Decide Whether Controversial Limit on Trademark Registrations Violates First Amendment
May 4, 2015 | Blog | By Serge Subach
The Federal Circuit has decided to revisit the constitutionality of Section 2(a) of the Lanham Act in the case of In re Shiao Tam, 2015 U.S. App. LEXIS 6840 (Fed. Cir. Apr. 27, 2015). Section 2(a) of the Lanham act allows the USPTO to reject the registration of a trademark that is immoral, scandalous, or disparaging.
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