Review of Supreme Court Copyright & Trademark Cases in 2019
In its current term, the U.S. Supreme Court took on three copyright and trademark cases. One reason this term has been noteworthy so far is…
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What’s in a Name? A Trademark & Branding Primer for Start-Ups
Nothing gets a start-up or any newly-launched business endeavour stumbling out of the gate worse than failing to heed the five branding tips that are…
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Honey Badger Trademarks Allowed by Court to Live and Fight Another Day
The 9th Circuit recently overturned a summary judgment ruling against the creator of a viral video, allowing his trademark infringement lawsuit over the video’s equally…
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Not So Shockingly, Trademark Immoral and Scandalous Clause Struck Down
The court in a recent case, In Re: Erik Brunetti, put another nail in the coffin of the Lanham Act’s Section 2(a), finding that the “immoral” and…
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Recent Cease & Desist Letters Not Tone-Deaf Like Many Predecessors
As far as cease and desist letters go, I religiously counsel my clients, whether they are looking to enforce their rights, or defend against another…
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Take Stock: 5 IP Assets Your Small Business May Need to Protect ASAP
If your startup company is taking the plunge into the world of entrepreneurship, or you have a small business that is just finding its feet,…
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Fair Use Friday: Dirty Grinch Parody Transformative, Says Court
On Friday September 15th a judge in the Southern District of New York ruled that a raunchy play based on the Dr. Suess book “How…
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IP Followup: Aftermath of Tam, and More Copyright Registration Discord
A couple of recent events in IP law offer codas to issues discussed in this blog earlier in the year. Here is a quick recap:…
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Summer of Love (and Knockoffs) Continues with Jewelry Copyright Case
Brighton Collectibles, a Los Angeles women’s fashion accessories company, has filed a copyright infringement suit against Macy’s over alleged infringement of its “Reno Heart Bracelet”…
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Trademark Infringement Case Demonstrates Need for Licensing Agreements
A recent trademark infringement case highlights the need for small businesses that are manufacturers to have iron-clad trademark licensing agreements with their distributors. Similar to…
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More Stringent Trademark Registration Maintenance Rules Coming Soon
Starting on February 17, 2017 (that’s this Friday folks) USPTO trademark examiners will have the ability to request additional evidence of continued use of registered…
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New “MyUSPTO” Portal Gives Trademark Registration a Boost
I was pleasantly surprised when I recently went to the USPTO website and found a new portal called “MyUSPTO.” The portal allows a user to…
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Court Blunts Cannabis-Related Trademark Registrations
The explosion of the cannabis industry nationwide has led to an increase in marijuana-related trademark registration attempts, many of which have been met with stone(d)…
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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…
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