Recent Posts by Michael Thomas

Court: One Sale Is Enough to Show Trademark Use in Commerce

Clients seeking trademark registrations often ask how much use of a mark in interstate commerce is needed for success. Earlier this month the Federal Circuit answered that question when it reversed a decision by the Trademark Trial and Appeal Board (“TTAB”) that cancelled a trademark of a church in Zion, Illinois at the behest of…
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New CA Law Addresses What Happens to Digital Assets Upon Death

Although estate planning and issues related to inheritance are generally outside the wheelhouse of this blog, a new California statute is worth noting here because of its intersection with internet law. Known as the “Revised Uniform Fiduciary Access to Digital Assets Act,” the law creates to three-part hierarchy to determine who can access someone's “digital…
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#ThinkBeforeYouTweet: Skittles Photo Lands Trump Campaign in Hot Water

Many internet and social media users seem to have a preconceived notion that content appearing on websites, in blogs, or in posts is free and available for unfettered use. Nothing could be further from the truth, as the recently filed copyright infringement lawsuit against Donald Trump’s campaign over his son’s Tweet picturing a bowl of…
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Greatest Snow on Earth Heats Up in Park City Trademark Controversy

Utah touts itself as having the "greatest snow on Earth," and what's left of that snow got hot this summer as a menagerie of Park City local businesses, individuals (including my inlaws who signed a petition), and the city's municipal corporation ("City Hall") stepped forward to voice disapproval of a trademark registration prosecuted by Park…
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