A Federal Circuit panel denied trademark registration for an Asian-American rock group’s name, the Slants, on a disparagement basis, because the name is racially disparaging.
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The biggest intellectual property challenges for celebrity marijuana brands is in the realm of trademark protection and rights of publicity.
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In Couture v. Playdom, Inc., the Court held that mere advertising or offering of services is insufficient to support registration of a service mark. Proper use in commerce requires rendering of services and sale or transportation of goods.
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The filing of a Declaration under Section 15 of the Lanham Act and the approval of such declaration results in incontestable trademarks. An incontestable trademark registration can be used as the basis for injunctive relief in an infringement action before U.S. courts.
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Bell’s Brewery, a Kalamazoo, Michigan brewery, filed an opposition with the U.S. Trademark Trials and Appeals Board against Innovation Brewing’s attempt to trademark “Innovation Brewing.”
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In B&B Hardware v. Hargis Industries, the Supreme Court issued a ruling that federal courts must practice due deference and defer to previously issued Trademark Trial and Appeal Board (TTAB) rulings when the issues that the two consider are identical.
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Casey Scherr’s attempt to register for trademark protection of ASS ARMOR for athletic shorts gets objection from Under Armour who filed a lawsuit claiming trademark infringement due to likelihood of confusion.
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Gucci v Guess in trademark infringement litigation with Guess often coming out the winner. Article by Klemchuk lLP, a trademark and IP litigation law firm.
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612Brew gets into trademark dispute with the Motion Picture Association of America for trying to name its beer “Rated R” when the MPAA holds a registered trademark for RATED R for motion picture ratings.
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Two breweries with similar product decide on “Collaboration, Not Litigation” as a name for their combined product. This approach avoided the costs and complications of a trademark infringement lawsuit, and the joint product was a success for each brewery.
Read MoreHere is a list of holiday-spirited registrations and applications before the United States Patent and Trademark Office. Read for a glimpse into the world of funny Christmas trademarks.
Read MoreAs the Trademark Trial and Appeal Board noted, to retain rights in the “What Would Jesus Do” mark, the registrant must use it in commerce. Meaning, we can all expect Tyler Perry’s What Would Jesus Do (or some variant) to hit theaters in the future. Read more about retaining trademark rights.
Read MoreBlue Sphere seeks “Lucky 13” injunctive relief, Swift’s profits, Blue Sphere’s lost profits, and other damages. Read more about trademark litigation.
Read MoreWhat are the elements of a parody? Read for more information on the example of Dumb Starbucks and parody when it comes to trademark law.
Read MoreAfter successfully getting trademarks on the words “Candy” and “Saga” in Europe, game publisher, King, the maker of Candy Crush Saga, has also filed for the trademark with the U.S. Trademark Office among a firestorm of publicity and protests among smaller game developers. Read more about trademarks and cease-and-desist letters.
Read MoreTrademark infringement and copyright infringement especially have become abundant problems as the Internet emerges as an especially important eCommerce tool.
Read MoreThe Comité Interprofessionnel du Vin de Champagne has a long history of aggressively enforcing the mark and preventing use of the term “Champagne” as a color or the “The Champagne of…” as a tagline in a wide range of industries, including cigarettes, shoes, and sodas.
Read MoreRecent trends and notable legal cases so that brand owners can understand how to effectively fight online trademark infringers.
Read MoreVine is also creeping up on some legal issues, given the content posted. Vine has put in place the standard DMCA copyright infringement notification system. Read more about trademark and brand protection.
Read MoreLast Fall, the U.S. Patent and Trademark Office sought comments about a potential amendment to the Lanham Act that would move up the deadline for filing a Declaration of Use or Excusable Nonuse under Sections 8 and 71. Read more about trademarks and the Lanham Act.
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