Posts Tagged: Lanham Act


Trademark Licensing Protection Act to Prevent Brand Control from Creating Joint Employer Relationship

Congressman Steve Chabot (R-OH) and Congressman Henry Cuellar (D-TX) are co-sponsoring H.R. 6695, the Trademark Licensing Protection Act of 2018, which has been referred to the House Committee …
By Steve Brachmann
5 hours ago 0

Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
6 days ago 1

Matal v. Tam: What’s New and What to Watch in Registration of Disparaging, Immoral, and Scandalous Trademarks

Many other related issues remain ripe for consideration in Brunetti and future cases. Most significantly, are trademarks considered “commercial speech?”  If so, laws relating to trademarks might …
By Brian Iverson
19 days 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
2 months ago 1

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
3 months ago 3

Burberry Sues Target Over Sale of Fashion Products Using Burberry Check Design

British luxury fashion brand Burberry filed a complaint alleging trademark infringement and dilution against American retailer Target Corporation in the Southern District of New York. At issue …
By Steve Brachmann
5 months ago 0

Florida Restaurateurs Face Off in Trademark Suit Over Frenchy’s Name

On February 20th, Clearwater Beach, FL-based restaurateur Frenchy’s Corporate filed a suit alleging trademark infringement against the owners and operators of Frenchy’s Pizzeria & Tavern, …
By Steve Brachmann
7 months ago 3

Making Sense of the Nonsensical: A look at Scent Trademarks and their Complexities

Hasbro’s recent application to trademark the scent of Play-Doh is an example of how companies in the digital age market their products and protect their market …
By Franco Galbo
10 months ago 1

Law & Odor: Hasbro Sniffing Out the Opportunities for Trademark Registration

The Trademark Manual of Examining Procedure (TMEP) provides some guidance on what an aroma needs to demonstrate before being registered, asserting that “the amount of evidence required …
By Franco Galbo
12 months ago 1

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …

Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
1 year ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
1 year ago 0

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
1 year ago 0

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close