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Category: Lanham Act


Jury Orders Mongols Motorcycle Club to Forfeit Trademark
January 24, 2019
Post by Brandon W. Clark
The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s name along with a Genghis Khan-type c.......
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Say What You Will About Trademarks
June 19, 2017
Post by Blog Staff
Simon Tam chose to name his band “The Slants” with the intent to reclaim the term and erase the denigrating connotations associated with it. However, he was confronted with the denial of his trademark application based on the disparagement clause of the Lanham Act. This raised an interesting issue of whether the disparagement clause violates the First Amendment. The Lanham Act allows trademarks to be fed.......
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The Eagles Sue Hotel California
May 02, 2017
Post by Brandon W. Clark
On a dark desert highway, cool wind in my hair Warm smell of the courtroom, rising up through the air(sorry) Earlier this week, The Eagles sued a Mexico based hotel, aptly named Hotel California, alleging trademark infringement and unfair competition. The case, filed May 1, 2017, isEagles Ltd v Hotel California Baja LLC et al, U.S. District Court, Central District of California, No. 17-03276, and alleges.......
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You May Enforce Your Trademark Right Across Border After All
September 20, 2016
Post by Blog Staff
, Ph.D. Bayer owns and uses the FLANAX trademark in Mexico to sell a pain reliever product. Neither Bayer nor its sister company in the US registered the FLANAX trademark in the US, but rather use another trademark, ALEVE, to sell the same product here. In 2004 Belmora registered FLANAX in the US for sales of a substantially same product. Bayer successfully cancelled Belmora's trademark in TTA.......
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Political Campaigns & Unauthorized Music
January 18, 2016
Post by Brandon W. Clark
Brandon W. Clark As the presidential caucuses approach so do the opportunities for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist upset that a politician or campaign used the artist's music without authorization. A list of notable disputes include Bruce Springsteen vs. Ro.......
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Federal Circuit Holds that USPTO Can't Deny Trademarks as Offensive or Disparaging
December 23, 2015
Post by Jonathan L. Kennedy
Jonathon L. Kennedy On Tuesday, December 22, 2015, the Federal Circuit  held that a portion of § 2(a) of the Lanham Act is unconstitutional in a 10-2 decision. The decision was made in In re Simon Shiao Tam, an appeal from the Trademark Office. Mr. Tam is a member of an Asian American rock band called THE SLANTS. The band applied for a trademark for its name. The Trademark Office.......
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Cancelation of Trademarks due to First Actual Use After Application
March 04, 2015
Post by Blog Staff
Federal registration of a trademark provides a number of benefits to the trademark owner, including protection throughout the entire country, advantageous litigation position—for example presumption of validity and enhanced monetary damages—and enlistment of the U.S. Customs Service to stop importation of counterfeit goods. The federal trademark system provides two separate avenue.......
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USPTO Cancels Washington, D.C. NFL Franchise's Trademark Registrations
June 19, 2014
Post by Blog Staff
The United States Patent and Trademark Office issued a decision yesterday cancelling six federal trademark registrations owned by the Washington, D.C. National Football League franchise. The cancellation proceeding was brought by five Native American petitioners on the basis that the marks disparage persons or bring them into contempt or disrepute in violation of 15 U.S.C. § 1052(a). The Trademark Trial and.......
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Who May Bring a Federal False Advertising Suit?
April 02, 2014
Post by Blog Staff
The Supreme Court's recent decision in Lexmark International, Inc. v. Static Control Components, Inc. prescribed the appropriate framework for determining whether a plaintiff has standing in a false advertising action under the 15 U.S.C. 1125(a). Prior to this decision, there were three competing approaches to determining whether a plaintiff has standing to bring suit under the Lanham Act: · .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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