Posts in Trademark


Trademark Enforcement Implications of Europe’s General Data Protection Regulation (GDPR)

The WHOIS database provides technical information about the date of creation and expiration of a domain, as well as contact information for the registrant of a website, …
By Jennifer Theis
3 months ago 1

EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color …
By Dr. Dariush Adli
3 months ago 1

Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
By Steve Brachmann
3 months ago 0

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
4 months ago 2

The Chinese “Super Trademark”: A Creative Strategy for Overseas IP Protection

Enforcement of trademark rights in China is an ongoing issue faced by numerous corporations.  Invalidating or canceling a trademark registration in the Chinese market is time-consuming and …
By Laura Kees
4 months ago 0

Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam

A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
By Brian Iverson
4 months ago 1

How Intellectual Property Informs the Investment in a Private Equity Transaction

Technology and intellectual property (IP) have become vital components to virtually every business in all industries as they often drive the value and efficiencies of a business …
By Shelley Thomas
4 months ago 0

Research Shows Rapid Growth in Chinese Trademarks

China has the largest domestic trademark register in the world. In 2017, over 5.2 million applications were filed, a figure which makes it around 10 times the size of the …
By Robert Reading
5 months ago 0

Can You Trademark a Color?

Yes, under certain circumstances you can trademark a color... Examples of protectable color marks include: red soles for women’s high-heel dress shoes, where the rest of …
By Michael Bernet
5 months ago 3

Federal Circuit Finds TTAB Erred In Determining Genericnessof Coca-Cola’s ZERO Trademarks

On Wednesday, June 30th, the Court of Appeals for the Federal Circuit issued a decision in Royal Crown Company, Inc., et. al. v. The Coca-Cola Company which …
By Steve Brachmann
5 months ago 7

Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness

In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …

Brand counterfeiting is starting to reach epidemic levels

The rate of digital transformation within the business world is unstoppable. Of course, transformation of this kind can deliver numerous benefits, but it is also leading to …
By Chrissie Jamieson
6 months ago 0

Top 5 reasons why counterfeit goods are getting harder to spot

Counterfeiting can sometimes be seen as a victimless crime where the only ones losing out are the super-rich corporations whose products are being copied. This is simply …
By Gary Addison
6 months ago 6

Influx of Trademark Applications at the USPTO Subsidized by Chinese Government, Include Doctored Product Images

According to Eric Perrott, a trademark and copyright attorney with Gerben Law Firm, chatter among U.S. trademark officials and attorneys regarding the increase of potentially fraudulent …
By Steve Brachmann
6 months ago 2

Rescuing Rapunzel: Suffolk Law Professors and students work to keep fairy tale princess in the public domain

United Trademark Holdings Inc. is attempting to trademark Rapunzel (and likely has plans for other fairy tale princess names) for its line of dolls. Law Professors Rebecca …

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