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  • Article

    Supreme Court Holds Section 2(a) Ban On Registration Of Immoral Or Scandalous Marks Unconstitutional

    In case you haven't heard, the U.S. Supreme Court has ruled that Section 2(a)'s "immoral or scandalous" bar to trademark registration "infringes the First Amendment" and is therefore
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Supreme Court Limits Doctrine Protecting Use Of Others' Trademarks In Expressive Works

    In a highly anticipated decision, the Supreme Court ruled on June 8, 2023 in favor of Jack Daniel's in Jack Daniel's Properties, Inc. v. VIP Products LLC, a dispute over the use of its name, packaging, ...
    United StatesIntellectual Property
Moses & Singer
Moses & Singer
  • Article

    Supreme Court Says Trademark Licenses Survive Bankruptcy

    This week, in Mission Product Holdings Inc. v. Tempnology, LLC, the Supreme Court settled a dispute between the Circuit Courts regarding how trademark licenses are treated when a licensor declares bankruptcy.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Supreme Court Strikes Down Lanham Act Prohibition On Registration Of Disparaging Trademarks

    On June 19, 2017, the Supreme Court unanimously ruled in Matal v. Tam that Section 2(a) of the Lanham Act...
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Supreme Court To Consider First Amendment Protection For Parody Dog Toy

    This is the second time Jack Daniel's has filed a petition for certiorari in connection with this case.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Supreme Court To Face Critical IP Case In Coming Term

    In certain circuits, courts only award profits if a trademark owner can prove the infringer acted willfully, a difficult standard.
    United StatesIntellectual Property
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Supreme Court To Hear "Offensive" Trademark Case.

    It appears that the clash between free speech and trademark protection is headed to the Super Bowl, but it won't be the Washington Redskins on the field.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    Supreme Court: USPTO Cannot Collect Attorney's Fees Under 35 U.S.C. § 145

    The Supreme Court held that the PTO cannot collect attorney's fees under 35 U.S.C. § 145, which requires challengers of PTAB decisions to pay all expenses of the proceedings.
    United StatesIntellectual Property
    Hogan Lovells
    Hogan Lovells
  • Article

    Tacking A Mark For One Good/Service Does Not Grant Priority For Every Other Good/Service In Trademark Applications

    In Charles Bertini v. Apple Inc., No. 2021-2301 (Fed. Cir. April 4, 2023), the Federal Circuit reversed the TTAB's finding that Apple's use of APPLE MUSIC has priority over Bertini's...
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    TAKETEN And TAKE10! Can Coexist Without Confusion

    St. Helena offers a 10-day residential health improvement program at its in-patient facility in St. Helena, California under the name TAKETEN.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Thanksgiving History And Trademarks: The Surprising Brands That Shaped Your Holiday

    While most Americans believe the first Thanksgiving holiday was held by the Pilgrims in 1621, history tells us that Thanksgiving festivals occurred in North America long before the Puritans ever arrived on American soil.
    United StatesIntellectual Property
    Klemchuk
    Klemchuk
  • Article

    The 2023 Edition Is Available Of A Trademark Is Not A Copyright Or A Patent By William M. Borchard

    We are pleased to announce that Bill Borchard has produced the 2023 edition of his popular publication A Trademark is Not a Copyright or a Patent. This is its 49th year.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    The 2024 Edition Is Available Of A Trademark Is Not A Copyright Or A Patent By William M. Borchard

    We are pleased to announce that Bill Borchard has produced the 2024 edition of his popular publication A Trademark is Not a Copyright or a Patent.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    The Basics Of Trademark Law And The Benefits Of Federal Registration

    A trademark is any word, phrase, symbol, logo, or design – or any combination – used to identify and distinguish the source of the goods or services of one party from those of others.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    The Danger Of Outsourcing DMCA Take-Down Notices

    A couple of famous, publicly-traded companies have been a bit embarrassed recently when third parties they have engaged to make sure no one is improperly using their trademarks or copyrights online have instead demanded shut downs of legitimate uses.
    United StatesIntellectual Property
    Waller Lansden Dortch & Davis
    Waller Lansden Dortch & Davis
  • Article

    The Fight Against Counterfeit Products In Canada Just Got Easier

    Canada’s new Combating Counterfeit Products Act officially took effect on January 1, 2015.
    United StatesIntellectual Property
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    The History And Purpose Of Section 1782: Will Courts Permit Discovery Into Documents Located Abroad?

    For 72 years, the US has permitted foreign parties access to US discovery procedures for use in foreign proceedings. Through 28 USC §1782, parties with an interest in foreign ...
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    The IP Of Everything Podcast - Episode 6 - The IP Of Memes

    The intellectual property landscape is always evolving and provides a wealth of topics that impact business strategies, competition and operations.
    United StatesIntellectual Property
    Lewis Roca
    Lewis Roca
  • Article

    The Madrid Protocol: A Passage To Indian Trademark Registration

    The Madrid Protocol Concerning the International Registration of Trademarks provides a simple, unified, cost-effective means for citizens of member countries to register their marks in other member countries, and it continuing to expand its membership.
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    The United States Patent & Trademark Office Issues Second Round Of Proposed Rule Changes For Patent Trial And Appeal Board Trials

    The USPTO will consider public comments on the proposed changes if they are received before October 19, 2015.
    United StatesIntellectual Property
    Fenwick
    Fenwick
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