ArticlePublish Or Perish - Clock Is Ticking For Unpublished WorksUnited StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleRefuting A "Failure To Function" Refusal To Register A TrademarkThe Trademark Trial and Appeal Board (TTAB) appears to have increased the standard of evidence to support a refusal to register a slogan as a trademark, on the ground that it fails to function as a mark.United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleNational Disability Employment Awareness Month: Judge David S. TatelJudge David S. Tatel was confirmed to the U.S. Court of Appeals for the D.C. Circuit in 1994. Since then, he has dutifully served his country from the bench, never allowing his disability to slow his progress. United StatesEmployment and HRCowan, Liebowitz & Latman, PC
ArticleIs A Licensee Permitted To Challenge A Licensor's IP Rights?"Licensee Estoppel" is a judge-made doctrine based on the idea that a licensee should not be able to attack the licensor's rights while benefitting from the license. But the doctrine has not been applied to all IP licenses even when a contract clause prohibits a licensee challenge.United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleAdvertising Law Alert: The INFORM Consumers Act Imposes New Requirements On Online Marketplaces And SellersEffective as of June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act ("INFORM Consumers Act") imposes new federal requirements aimed...United StatesConsumer ProtectionCowan, Liebowitz & Latman, PC
ArticleA Defense That May Succeed Against An ADA Non-Compliance SuitA ruling from the United States District Court for the Southern District of New York has opened the door for a website owner to successfully defend a lawsuit claiming that a website does not comply with the Americans with Disabilities Act ...United StatesEmployment and HRCowan, Liebowitz & Latman, PC
ArticleValentine's Day GreetingsAffairs of the heart can sometimes seem inconstant. The same can be true of affairs of the law. A case-in-point concerns huggable teddy bears.United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleA Term Used Solely As A Trade Name Is Unregistrable As A Trademark In The U.S.About nine years ago, we posted a blog about "How a company name can be a trademark." Now, the Trademark Trial and Appeal Board (TTAB)...United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleA Trademark Combining A Laudatory Word With A Descriptive Word May Still Be DescriptiveA trademark combining two words may evoke its own unique commercial impression—separate from the meanings of its component words--and be inherently registrable as a unitary term.United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleHow You May Succeed In Registering An Affinity Mark Despite Another's Identical MarkThe Zeta Tau Alpha Sorority, which dates back to 1898 and is popularly known as ZTA, was refused registration of ZTA for jewelry (claiming use since at least 1915) and ...United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticlePatent Law Alert: USPTO Issues Inventorship Guidelines For AI-Assisted InventionsThe U.S. Patent and Trademark Office (USPTO) has published inventorship guidelines (USPTO Guidelines) for patenting inventions made with the assistance...United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleA Design As Used On Apparel May Not Be Registrable As A TrademarkDiesel Power Gear, LLC applied to register a bearded skull design as a trademark for items of apparel.United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleAdding A Feature To A Weak Trademark May Avoid A Likelihood Of ConfusionIf you select a trademark dominated by a word or number already in use or registered by several others for identical or related goods or services, your inclusion of some other distinctive feature may be sufficient...United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleCLL's Copyright Review 2023 Is Now AvailableWe are pleased to inform you that the 2023 edition of CLL's Copyright Review is now available. You can access it here. United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleDid Destruction Of A Sculpture Violate VARA?A federal court in Minnesota denied a sculpture park's motion to dismiss a Visual Artists Rights Act claim, finding factual disputes over whether a monumental 53-foot sculpture was a work-for-hire and whether it possessed recognized stature when destroyed. The case will proceed to trial to determine if VARA protections apply to the artwork's removal and destruction. United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleValentine's Day GreetingsIs it a permissible expression of love and faith to hand out to classmates in a school or on a college campus homemade Valentine's Day cards having short biblical messages directed to the individuals who accept them?United StatesConsumer ProtectionCowan, Liebowitz & Latman, PC
ArticleE.B. White's Words Resonate In These Dangerous TimesE.B. White writes repeatedly about the public's need for access to a full range of opinion, and he would doubtless I dismayed by the demonizationUnited StatesGovernment, Public SectorCowan, Liebowitz & Latman, PC
ArticleAPPLE MUSIC Denied Registration In Priority DisputeIn 2015, Apple Inc. applied to register APPLE MUSIC as a mark for a long list of services including "live musical performances." Charles Bertini, a professional jazz musician, opposed that application...United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC
ArticleCan You Say "No" When Your Bankrupt Licensor Rejects Your Trademark License?Tempnology, LLC manufactured clothing and accessories designed to stay cool when used in exercise. United StatesIntellectual PropertyCowan, Liebowitz & Latman, PC