Posts Tagged: trademark
Trademark Alert: Unauthorized Changes to Trademark Applications and Registrations
The United States Patent and Trademark Office sent an e-mail notifying stakeholders of an alarming ongoing scheme to hijack trademark files. Apparently, there has been a number …
Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims
U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case
On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
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 …
Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks
Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of …
Trademark Application filed for ‘FitzMagic’, but not by QB Ryan Fitzpatrick
Whether Ryan Fitzpatrick opposes or otherwise challenges Minkah Fitzpatrick's registration of FitzMagic, one has to question the wisdom of seeking a trademark that NFL fans will associate …
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 …
Registering your website with the Chinese government?
Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
OEM Trademarks in the AfterMarket: Exploring the Boundaries
While there are certainly limits on how—and how much—aftermarket sellers can use OEM trademarks to communicate key information about aftermarket parts, the legal boundaries for …
Managing international trademark portfolios in the Age of Globalization
Managing international trademark portfolios in the age of globalization can be a fickle endeavor. Ecommerce has blown the top off traditional thinking as it relates not only …
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, …
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 …
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 …
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 …
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. …
