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Fair Use Trademark Registration Trademarks

McDermott Will & Emery

All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use

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The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use...more

Linda Liu & Partners

Legal Analysis of Trademark Infringement Risk of Product Models

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In recent years, the forms of trademark infringement have become more and more diverse. The Trademark Law, the Regulations for the Implementation of the Trademark Law and judicial interpretations have clearly stipulated that...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

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As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q4 2021

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Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Practice Tips: Fair Use of a Trademark (Part I)

One of the first things entrepreneurs will need to do when branding new companies is to seek and obtain trademark protection.  In addition, companies may at times seek to use third party trademarks without formally licensing...more

McAfee & Taft

What this year’s Supreme Court opinions mean for you

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2020 was a tumultuous year. And while you were busy shifting to online meetings, implementing new measures to keep employees and customers safe, and otherwise adapting to the challenges created by the coronavirus, the U.S....more

K&L Gates LLP

A Case of Classic Fair Use for “Sports Fuel” in the 7th Circuit

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Key Takeaways - Brand owners benefit by adopting distinctive marks, especially arbitrary and fanciful terms. ...more

Fenwick & West LLP

Trademarks: How (Not) to Strip the Leather Jacket off the Biker's Back

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The Central District Court of California has held that the First and Eighth Amendments protect the trademark-registered emblems of the Mongol Nation motorcycle club from forfeiture. ...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2017

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In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

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All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Knobbe Martens

Trademark Review | February 2016

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The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

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