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archives

Trademarks

This category contains 16 posts

USPTO TO INCREASE TRADEMARK FILING AND OTHER FEES

USPTO proposes to increase some of filing fees for the trademark registration process & for Notices of Opposition to the TTAB. Continue reading

REDSKINS EYES SUPREME COURT TO OVERTURN TRADEMARK DISPARAGEMENT RULING

To update my earlier blog [Blog] concerning whether Section 2 (a) of the Lanham Act, 1946, which restricts federal registration of trademarks  found to be scandalous or disparaging, will withstand challenges to its constitutionality, the Redskins football team has raised the ante by its unusual petition to the Supreme Court. In the petition, the Redskins suggests … Continue reading

DISPARAGEMENT ISSUE IS FRONT & CENTER FOR USPTO TRADEMARK REGISTRATIONS

Section 2 (a) of the Lanham Act, 1946, 15 U.S.C. Sec. 2 (a), which restricts the registration of trademarks found by the USPTO to be scandalous or disparaging, was determined to be unconstitutional on the basis of the First Amendment by  the Court of Appeals for the Federal Circuit in a case (In re Simon … Continue reading

THE POWER OF LOGOS AND COLOR

In a recent blog, Larry Bodine, a web and marketing guru, offers great advice to business owners when choosing the “look” of their logo/trademark. He provides information as to how some large companies came to adopt their famous marks, their investment expenses along with examples of  famous logo faux pas.  Larry’s blog re-enforces a message … Continue reading

WHY ARE THE SAN DIEGO CHARGERS TAKING PRE-EMPTIVE ACTION TO PROTECT THEIR RIGHTS IN FUTURE TRADEMARKS?

The football world is abuzz with the possible relocation of the San Diego Chargers to Los Angeles. How will Chargers protect trademarks they will need if they move? Answer: file intent to use application with the USPTO. Continue reading

Can You Learn Anything from Monster Energy’s Run-In with the Beastie Boys?

The Beastie Boys band sued Monster Energy Company for it’s use without permission of 5 songs by the Beastie Boys and verbal references to the band and a member, Adam Yauch, in a promotional video. The trial judge strongly criticized Monster’s negligible music licensing procedures. The one-sided victory of the Beastie Boys for copyright infringement and false endorsement has led to Monster being found financially liable for damages and attorney fees. Continue reading

RIGHTS OF PUBLICITY TRUMP COMMERCIAL SPEECH IN JORDAN VS JEWEL FOOD STORE CASE

Right of publicity belongs to the celebrity, they get to decide how to exploit their fame, so messing with it can be at your peril. Continue reading

WHAT IT TAKES TO PROTECT A CERTIFICATION MARK? (Part 2)

To protect your rights in your certification mark be sure that: third parties use it under license, you register it with the USPTO and you police its use. Continue reading

CERTIFICATION MARKS USEFUL TO TRADE ASSOCIATIONS, CHARITIES AND FOR-PROFITS (Part 1)

Adoption of certification marks and certification programs can enhance the bottom-line for trade associations, charities and for-profit organizations. Continue reading

RIGHTS OF PUBLICITY REMAIN STRONG EVEN AFTER YOU ARE DEAD

The Right of Publicity for famous people remains strong whether the celebrity is alive or dead, so tread carefully if you are thinking of using their image, likeness or name without permission. Continue reading