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Of Sneaker Pimps and the President…

No, the first portion of the title of this post does not refer to the band the Sneakers Pimps, but rather the clothing retailer Forever 21, which just narrowly avoided getting legally scratched up by Puma over its copycat shoe designs. And yes, the second part of the title is referring to the President, our copyright…
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Not Dead Yet: USPTO Enacts Rules for Reviving Trademark Registrations

New USPTO rules went into effect on July 8, 2017 regarding the procedures to bring trademark registrations and applications back to life after abandonment, cancellation, or expiration. The key takeaways relate to the deadlines for filing the necessary petitions, which can vary depending on whether notice was received from the USPTO. For example, in the…
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Free Speech Overpowers Trademark Disparagement Clause, Says SCOTUS

The Slants case finally reached a conclusion when the U.S. Supreme Court ruled that the Lanham Act’s § 2(a) (15 U.S.C. § 1052(a)), which barred trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead,” violates the Free Speech Clause of the First Amendment. As previously…
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Circuit Split Widens After 11th Circuit Copyright Registration Ruling

As previously reported in this blog, federal circuits are badly split on when registration of a copyright occurs, which is an issue that ultimately determines whether a plaintiff can sue for infringement. The Eleventh Circuit in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC reaffirmed the “registration approach,” under which an actual certificate of registration…
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