Posts Tagged: trademarks


How Can You Protect Cannabis-based Intellectual Property Under Federal Prohibition?

What started as a curiosity in Colorado and Washington state in 2012 could have gained the momentum of a juggernaut: marijuana legalization. Now with California and other states …
By Derek Handova
5 days ago 1

ABA files amicus brief in Lee v. Tam to correct errors in trademark law made by Federal Circuit

In the brief, the ABA takes no official opinion on whether the disparagement provisions of the Lanham Act are invalid in the face of constitutionally-protected free speech. …
By Steve Brachmann
7 days ago 3

Trademark owners are often targeted by fraudulent, deceptive registry services

The U.S. Patent and Trademark Office’s official website warns trademark owners about private companies who conduct trademark scams. These schemes involve companies, many of which …
By Steve Brachmann
15 days ago 4

CAFC Overturns Trademark Cancellation, Clarifies ‘Use in Commerce’ Requirement

The Federal Circuit reversed the cancellation of two trademarks by the Trademark Trial and Appeal Board (“Board”) and remanded for further consideration... “Use in commerce” under the …

‘The Walking Dead’ production company brings trademark suit against Atlanta-area movie studio

Although the studio construction itself seems to be carrying on apace, Valhalla Studios has gotten itself into legal trouble over its chosen name. On October 19th, the …
By Steve Brachmann
24 days ago 0

Kanye West, Taylor Swift, Kendall Jenner: When celebrities are sued for trademark infringement

Kanye West, ran into some legal trouble when he was sued for trademark infringement by Michael Medina for using the word “Loisaidas” in the title. Medina began …
By Audrey Ogurchak
1 month ago 0

Lucasfilm brings trademark suit against operator of lightsaber training academies

The lawsuit filed by Lucasfilm names a series of defendants including Michael Brown, also known as Flynn Michael, a resident of Oakland, CA, and the operator of …
By Steve Brachmann
1 month ago 1

PODS wins largest corrective advertising damages ever against U-Haul, settles for $41.4 million

The $41.4 million settlement ends a legal clash that had previously led to the largest damages award for corrective advertising ever. The jury verdict was entered in the …
By Steve Brachmann
1 month ago 0

Chicago Cubs continue trademark enforcement activities with 49 TTAB petitions in 2016

Cubs fans have been able to “fly the W” a number of times this postseason, referring to the win flag that is raised at Wrigley Stadium after …
By Steve Brachmann
1 month ago 1

What’s New with the Changes to the Trademark Trial and Appeal Board Rules of Practice

The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017. The new rules will be applicable to all inter partes (…
By Eric Ball & Emily Gische
1 month ago 0

Lex Machina releases data on design patent litigation showing strong correlation with trademark infringement actions

There has not been a single quarter in which more than 82 lawsuits involving allegations of infringing at least one design patent have been filed in U.S. …
By Steve Brachmann
1 month ago 0

Plain confectionery packaging a heavy-handed response to health concerns

Legislating for tobacco-style plain packages for confectionery is a disproportionate response to the obesity crisis and strips companies of valuable trademarks, writes the Institute of Economic Affairs' …
By Christopher Snowdon
2 months ago 5

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
2 months ago 0

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
2 months ago 0

TTAB Agrees with Parents Everywhere: Children do not hold the Control—Noble House v. Floorco

Subsidiaries of larger companies who are preparing to file a trademark application may want to think twice before deciding who to list as the Applicant. In April 2016, …
By Emily Scheible
2 months ago 0