In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March...more
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.” They also provide a recap of last week’s episode,...more
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”
They also provide a recap of last week’s episode,...more
In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have...more
In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have...more
In this week's episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced "mischief"). In Nike Inc. v MSCHF...more
In this week's episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced "mischief"). In Nike Inc. v MSCHF...more
In this week’s episode, Scott Hervey and Josh Escovedo discuss the complex process of clearing titles for Film and Television. They cover recent high-stakes litigation around entertainment titles, including Stouffer v....more
In this week’s episode, Scott Hervey and Josh Escovedo discuss the complex process of clearing titles for Film and Television. They cover recent high-stakes litigation around entertainment titles, including Stouffer v....more
In the 9th Circuit (as well as the 2nd, 5th, 6th, and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game,...more
Scott Hervey and Josh Escovedo discuss the case where Peloton petitions to establish that SPIN and SPINNING are now generic terms against #MadDogg?'s trademark. Read the blog: http://bit.ly/2OmGtgv?. Listen to the podcast:...more
While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN...more
Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh's post on the IP Law Blog "Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks."
...more
Josh and Scott discuss the case where Tiffany & Co. sued Costco for selling other rings and using the word Tiffany on nearby signage to describe those rings, claiming trademark infringement and unfair business practices.
The...more
Sushi Nozawa, LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” IP Attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including...more
In this episode, Scott and Josh discuss the changes in Intellectual Property Law stemming from the recently passed COVID-19 Stimulus Bill.
The IP law blog is a publication of Weintraub Tobin (www.weintraub.com). The...more
2/10/2021
/ CASE Act ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Coronavirus/COVID-19 ,
Financial Stimulus ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Trademark Application ,
Trademark Examination ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In this episode of The Briefing by the IP Law Blog, Josh Escovedo and Scott Hervey discuss NFL athlete Russell Wilson and ITU applications....more
For some time there has been a split among the Federal circuits as to whether evidence of willfulness is required in order to award disgorgement of profits for trademark infringement under Section 1125(a) of the Lanham Act. ...more
Call me a pessimist, but it was surprising to me when I recently checked the USPTO trademark database that I did not find an application to register “Social Distancing” for some other novelty item. (It is also surprising...more
Generally, the title to a single motion picture is not entitled to trademark protection. This is the same for the title to single books, songs and other singular creative works. Most non-trademark attorneys are surprised...more
The Supreme Court has agreed to resolve a circuit split over when a court can order the payment of an infringer’s profits to a successful plaintiff as a measure of damages. The matter comes to the Supreme Court as an appeal...more
Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of...more
The Trademark Trial and Appeals Board’s recent ruling in In re Productos Verde Valle, S.A. de C.V. upholding a trademark examiner’s refusal to register the mark SONIA for “sauces; chili sauce; hot sauce” holds a lesson for...more
Have you ever had the experience of attempting to register a social media account in the name of your business only to find that your preferred name is taken? Often, it’s just the case of another business with the same name...more
Unless you have been living under a rock (and not a rock on Tatooine), then you have heard of a little film called Star Wars, things called lightsabers, the Millennium Falcon, and even droids. But do you know how to play...more