In a recent unanimous decision in the case Vidal v. Elster (602 U.S. ___ (2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham...more
As an extension of an effort spearheaded by Senator Josh Hawley (R-Missouri) last year, the Copyright Clause Restoration Act of 2023 (H.R.576) was recently introduced in the U.S. House of Representatives by U.S. Rep. Greg...more
2/16/2023
/ Berne Convention ,
Content Strategy ,
Copyright ,
Copyright Infringement ,
Fifth Amendment ,
First Amendment ,
Intellectual Property Protection ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
The Copyright Act
A trademark is any word, phrase, symbol, design, or combination of these things that identifies a single source for certain products or services. Trademarks identify the source of certain products or services, provide legal...more
As you may be aware, the transition period for Brexit and the withdrawal of the United Kingdom from the European Union likely ends on December 31, 2020. The completion of the withdrawal initiated February 1, 2020, will have...more
The United States Patent & Trademark Office (USPTO) issued a new alert this week concerning fraudulent email messages which appear to be sent by the USPTO directly to trademark owners but are, in fact, sent by third parties...more
In the ruling handed down this week in United States Patent and Trademark Office v. Booking.com B.V., No. 19-46, the United States Supreme Court voted 8-1 to affirm lower court rulings holding the trademark applications for...more
7/7/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Descriptive Trademarks ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
gTLD ,
Lanham Act ,
Popular ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Recently the United States Patent and Trademark Office (USPTO) announced a new prioritized examination program for trademark and service mark applications meeting certain requirements. The program allows applicants to...more
6/29/2020
/ Coronavirus/COVID-19 ,
Expedited Approval Process ,
Intellectual Property Protection ,
Life Sciences ,
Medical Research ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Public Health ,
Trademark Application ,
Trademarks ,
USPTO
As a result of a recent Supreme Court decision, clothing designers are expected to have an easier time stopping others from copying their original designs.
On Wednesday, March 22, the Supreme Court issued guidelines to...more
It's difficult to turn on the news and not hear something about the historic vote by Britain to leave the European Union. While the Brexit vote already has had an immediate effect on global economic markets, the legal effects...more
7/18/2016
/ Community Trade Mark Regulation (CTM Regulation) ,
EFTA ,
EU ,
European Economic Area (EEA) ,
European Patent Office ,
Intellectual Property Protection ,
Member State ,
Patents ,
Referendums ,
Trademark Registration ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent
The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,...more
Trademark rights arise out of use in commerce, and can provide protection for your name, brand, and reputation in the community provided, that the marks are continuously used in connection with your goods or services. While...more
Yesterday, in a unanimous opinion authored by Justice Sotomayor, the U.S. Supreme Court in Hana Financial., Inc. v. Hana Bank et al. decided that trademark tacking is a question of fact to be decided by juries, and that the...more