Say What You Will About Trademarks 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 […] Continue Reading →
Does Play-Doh Smell Distinct? Hasbro Thinks So Most of the time when we think of trademarks, we think of words, slogans, and logos. But trademarks can be more than that. Some companies have been able to obtain trademarks for colors. For example, Tiffany and Co. has registrations for its Tiffany Blue, an example of which is Reg. No. 2,359,351. Similarly, 3M has a […] Continue Reading →
‘Fame’ is Not All-Or-Nothing The Court of Appeals for the Federal Circuit (“CAFC”) vacated a decision by the Trademark Trial and Appeal Board (the “Board”) denying a petition by Joseph Phelps Vineyards, LLC for cancellation of a trademark held by Fairmont Holdings, LLC. The CAFC held that the Board used an incorrect standard when analyzing the ‘fame’ factor for […] Continue Reading →
Prepping for Protection: First Steps to Developing an IP Strategy Whether you are an individual, a start-up company, or an existing business, two of the hardest (and most important) questions are: “Do I have intellectual property?” and “How do I protect it?” First, having a qualified attorney will help make answering these questions significantly easier and they can help guide you through the development of […] Continue Reading →
The Eagles Sue Hotel California 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 […] Continue Reading →
USPTO Heightens Post-Registration Requirements for Trademarks The U.S. Patent and Trademark Office (USPTO) has recently made changes to the post-registration requirements for U.S. trademark registrations. Effective March 21, 2017, the USPTO will implement a post-registration audit program intended to obtain additional evidence and ensure accuracy of claims that a trademark is in use in commerce in connection with the goods/services listed […] Continue Reading →
When the Unthinkable Happens: IP Considerations for Bankruptcy In the event that the unthinkable happens and bankruptcy becomes the only course of action for businesses, having not only a good bankruptcy attorney, but also having an involved IP attorney is vital to ensure that rights in valuable intellectual property are appropriately addressed and maintained. A basic understanding of Chapter 7 and Chapter 11 […] Continue Reading →
New Year’s Resolution: Trademark Review and Planning 2017 is fast approaching, which means one thing: It is time to select, and soon start implementing, your new year’s resolution! For most businesses, there are few resolutions better than those designed to help protect the company’s valuable intellectual property. Accordingly, consider making the review and maintenance of your company’s trademark portfolio this year’s resolution. […] Continue Reading →
Trademark Description: Does job placement software render the service of professional placement and recruitment? In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‚¬Ëœ917) for “personnel placement and recruitment”services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‚¬Ëœ235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitment and employment, employment advertising, career information and resources, resume […] Continue Reading →
Unity of Control over a Family of Marks Wise F&I, LLC and a number of its subsidiaries recently opposed Allstate Insurance Company’s application to register the marks MILEWISE and ALLSTATE MILEWISE for ” insurance services, namely, writing and underwriting of property and casualty insurance and providing ancillary services thereto, namely, administration and claims adjustment,”in International Class 36. Wise F&I, LLC and subsidiaries jointly […] Continue Reading →