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  • Article

    A Trademark Is Not A Copyright Or A Patent

    Although trademarks, copyrights, patents, and trade secrets all concern intangible property rights and overlap to some extent, they differ from each other significantly.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Valentine's Day Greetings

    Perhaps you consider ONE LOVE in relation to various trademarks registered or used for jewelry (Class 14), bags (Class 18), clothing (Class 25), or entertainment services (Class 41).
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    A Wine Trademark Registration Failed Where A Certificate Of Label Approval Was Not Obtained

    It may seem obvious that a brand owner can claim rights in a trademark only when it has used the mark in a "lawful" manner.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Be Careful To Fill Out A Copyright Application Accurately

    Inaccurate information in a copyright application, though sometimes correctable, may end up costing a pretty penny.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    GOOD TIMES For Bourbon Trademark

    The Trademark Trial and Appeal Board (TTAB) rarely reverses an Examining Attorney’s refusal to register a mark on likelihood of confusion grounds. In this case, the TTAB did just that.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    How To Cancel A U.S. Trademark Registration For Abandonment

    Now, a precedential decision by the Trademark Trial and Appeal Board (TTAB) is instructive as to the reverse—how to cancel a U.S. registration for an abandoned trademark.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Selling Your Own Goods Can Be A "Service" Under U.S. Trademark Law

    At one time, retail store activities were not considered "services" when the store sold only its own goods.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Trademark Law Alert--Appellate Court Orders Clarification Of A Failure‑To‑Function Decision Involving The F‑Word

    As previously reported in our Trademark Law Alert -- The Eye-Catching F-Word Failed to Function as a Trademark, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision in 2022...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Trademark Law Alert: The U.S. Supreme Court Clarifies That The Lanham Trademark Act Only Applies To U.S. Domestic Conduct

    According to the U.S. Supreme Court, if you are located outside of the U.S., a U.S. court cannot enjoin your sales in other countries, or impose damages...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Why Porn Star GIGI DIOR Can't Register Her Name As A Mark

    You might think of various reasons why a company owned by a porn star might be prevented from registering her pseudonym GIGI DIOR for services that include "personal appearances by a porn star"...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Advertising Law Alert – Fake ® Alert: Don't Risk False Advertising Charges

    Most brand owners are eager to use the registration symbol ® in connection with their trademarks as soon as possible. However, using that symbol beyond the lifespan of a registration, may open the brand to allegations of false advertising.
    United StatesMedia, Telecoms, IT, Entertainment
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    A Trademark Is Not A Copyright Or A Patent

    Although trademarks, copyrights, patents, and trade secrets all concern intangible property rights and overlap to some extent, they differ from each other significantly.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    How To Establish A Bona Fide Intent To Use For A Trademark Application

    You normally should take affirmative steps to satisfy the requirements for filing an intent to use trademark application.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    U.S. Supreme Court Finds No Copyright Protection For Works Prepared By Legislators Or Judges In The Course Of Official Duties

    In Georgia v. Public.Resource.Org, Inc., 590 U.S. ____ (2020), the U.S. Supreme Court held (5-4) that any works (including non-binding annotations to a State code) authored by or for the State's legislature in the course of ...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Spotlighting Asian American And Pacific Islander Visual Artists In Celebration Of AAPI Heritage Month

    Yayoi Kusama's new exhibit, I Spend Each Day Embracing Flowers, opened this month at New York's David Zwirner gallery. The all-time highest selling female artist, Kusama is known for her massive...
    United StatesMedia, Telecoms, IT, Entertainment
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Patent Law Alert -- USPTO Requires Foreign‑Domiciled Patent Applicants And Patent Owners To Be Represented By Registered U.S. Patent Counsel

    The U.S. Patent and Trademark Office (USPTO) has issued a final patent rule amending the Rules of Practice in Patent Cases to require that patent applicants and patent owners...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    How To Preserve U.S. Rights In A Registered Trademark That Is Not In Use

    Garan Services Corp.'s application to register mark NEWMAN, in the identical mirror image form of display, for "tops and bottoms" was blocked by the Belle Etoille registrations.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    A Limitation In Your Trademark Application May Not Avoid A Refusal Based On A Prior Registration

    Critchley was granted a registration with this limitation.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    A Trademark May—or May Not—be Aesthetically Functional

    When one party's trademark is used ornamentally on another party's product, that use may be protected by the aesthetic functionality defense, or that use may be a trademark infringement.
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    "All Samples Cleared!" Remembering Biz Markie's Contributions To Copyright Law

    Biz Markie (born Marcel Theo Hall), popularly known as hip-hop's clown prince, passed away on July 16, 2021 at the age of 57. Biz's innovative beats and lovably goofy lyrics left their mark ...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Showing 141–160 of 264 results

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