Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000 It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included […] Continue Reading →
“White” Color Mark In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color “white”as applied to gunpowder in […] Continue Reading →
Trademarks in China Apple recently lost what may turn out to be a significant trademark infringement case in China. Apple, having a registration for the mark “IPHONE”in international class (IC) 9, opposed Xintong Tiandi Technology (Beijing) Co., Ltd.’s trademark application for the mark “IPHONE”in IC 18 covering leather goods, including cell phone cases. Apple argued that the IPHONE […] Continue Reading →
Trademark Searching: The Not-So-Glamorous, Yet All-Too-Important Step in Brand Identification When you are in the process of branding your company, products, or services, the idea of trademark searching can sound boring and maybe even appear to be an unnecessary expense. However, a proper trademark search can prevent the stress and costs of rebranding and defending a possible law suit, which can be in the realm […] Continue Reading →
Intellectual Property Protection Options for Software In a previous blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […] Continue Reading →
Political Campaigns & Unauthorized Music 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 […] Continue Reading →
Federal Circuit Holds that USPTO Can’t Deny Trademarks as Offensive or Disparaging 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. […] Continue Reading →
Who owns the Trademark: Distributor v. Manufacturer The Trademark Trial and Appeal Board (TTAB) has previously held that in the absence of an agreement between a manufacturer and a distributor, there is a legal presumption that the manufacturer is the owner of the trademark. The presumption that the manufacturer is the owner of a disputed mark may be rebutted. In determining which […] Continue Reading →
Peace, Love, and Trademarks Federal Trademark registration allows the owner of a mark to enforce their rights throughout the U.S. Once a trademark registration is filed, however, those rights can be challenged either through litigation or though opposition proceedings instituted at the USPTO. In particular, a registered trademark can be challenged on the basis that it is likely to cause […] Continue Reading →
Cancellation of the Washington Pro-Football Team’s Trademark Affirmed by District Court In 2014, the Trademark Trial and Appeal Board (TTAB) cancelled six trademark registrations related to the Washington “Redskins.”The marks were found to disparage Native Americans; Section 2(a) of the Lanham Act (15 U.S.C. § 1052(a)), prohibits the registration of disparaging marks. Following the cancellation, the mark owner appealed the decision to the District Court for […] Continue Reading →