Posts Tagged: trademark law

Trademarks: A basic primer on trademarks and trademark law

Trademarks differ from copyrights, which protect original artistic or literary works, and patents, which protect inventions. A trademark primarily protects names, logos or symbols that identify a …
By Gene Quinn
11 days ago 0

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in …
By Eric Ball & Moira Lion
21 days ago 0

Arch-conservative political pundit obtains “Media Malpractice” trademark

William J. Kelly and his television production company RevDigital had secured the trademark rights to “media malpractice.” U.S. Trademark Registration No. 5027942 was issued as a standard …
By Steve Brachmann
23 days ago 0

Lex Machina trademark litigation report shows heavy enforcement activity for luxury fashion and bong brands

When looking at damages awarded in trademark infringement cases filed since 2005 and terminating between 2009 and 2016, fashion brands have taken in the highest award totals. The top spot …
By Steve Brachmann
5 months ago 0

Offensive Trademark Applications Suspended by USPTO Until Supremes Rule on In re Tam

In anticipation of Supreme Court review of Tam, the Commissioner has issued an informal directive to trademark examiners that any application for a mark that is potentially …
By Ronald Abrams
8 months ago 11

Statute Barring Registration of Disparaging Trademarks Upended

Tam appealed to the Trademark Trial and Appeal Board (the “Board”), but the Board affirmed the Trademark Examiner’s refusal to register the mark. The Board found …

Napa Valley Vintners first wine group in US to receive certification mark registration

Earlier this month, Napa Valley Vintners (NVV), the nonprofit trade association that works to “promote, protect and enhance the Napa Valley appellation,” became the first wine group …
By Brian Focarino
10 months ago 2

Unconstitutional – CAFC Rules PTO Cannot Deny Registration for Disparaging Trademarks

Yesterday the Federal Circuit in an en banc decision held that the portion of Section 2(a) of the Trademark Act, which bars federal registration for trademarks that …
By Brian Focarino
10 months ago 4

Only ‘Expenses’ Not ‘Attorney Fees’ Should Be Awarded Under Section 21(b) of the Lanham Act

Section 1071(b)(3) does not expressly or implicitly permit the award of “attorney fees” to the PTO. Specifically, Section 1071(b)(3) states simply that all the expenses of the …

A Trademark Lesson from Chicken Soup for the Soul

Chicken Soup for the Soul Day is on November 12th. This is a day to sip on a nice piping hot bowl of soup and feel inspired. …
By Robert Rogers
12 months ago 0

Trademark Tea Leaves: Balancing Product Secrecy with Public Trademark Registration

Among the most promising tech tea leaves product launch predictors rely on are publicly available applications and registrations for intellectual property. Given the importance of product launches …
By Brian Focarino
1 year ago 0

Overcoming obstacles when enforcing your descriptive brand in the UK and rest of Europe

We've all been there. The Marketing team comes up with a shortlist of branding ideas for the latest product or service – and at the top of the …
By Nick Aries
1 year ago 0

Do Online Retailers’ Search Results Constitute Trademark Infringement?

Since the inception of the search engine, trademark owners, advertisers, search engine providers, and the courts have struggled with the issue of the use of third-party trademarks …
By Sarah Bro
1 year ago 1

Third-Party Use of Similar Marks Relevant to Strength of Opposer’s Trademark

The Federal Circuit explained that evidence of third-party use bears on the strength or weakness of an opposer’s mark. In this case, which arose as an …

Genuine Use: How much use is ‘genuine use’ in the European Union?

When an undertaking operates in more than one country of the European Union it is a wise legal choice to apply for a trademark on a community …