Tag / Trademark Registration
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What’s in a Name? A Trademark & Branding Primer for Start-Ups
Nothing gets a start-up or any newly-launched business endeavour stumbling out of the gate worse than failing to heed the five branding tips that are the subject of this post. These five…
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Honey Badger Trademarks Allowed by Court to Live and Fight Another Day
The 9th Circuit recently overturned a summary judgment ruling against the creator of a viral video, allowing his trademark infringement lawsuit over the video’s equally viral catchphrase to continue. The Honey Badger…
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The Saga Continues: LucasFilm Countersued For “Sabacc” Ad Reference
The release of the next installment in the Star Wars universe, “Solo: A Star Wars Story,” is right around the corner, but the next episode in the continuing saga over the trademark…
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Trademark Registration for a Series of Creative Works
Clients who are content creators often ask if there is a way to protect the titles of their works. If copyright protection is sought, then the answer is “no,” because short phrases…
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Not So Shockingly, Trademark Immoral and Scandalous Clause Struck Down
The court in a recent case, In Re: Erik Brunetti, put another nail in the coffin of the Lanham Act’s Section 2(a), finding that the “immoral” and “scandalous” clause of the statute is unconstitutional…
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IP Followup: Aftermath of Tam, and More Copyright Registration Discord
A couple of recent events in IP law offer codas to issues discussed in this blog earlier in the year. Here is a quick recap: Redskins Trademark Registration Case Dies After SCOTUS Tam Ruling…
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![Copyright attorney Michael J. Thomas]()
Free Speech Overpowers Trademark Disparagement Clause, Says SCOTUS
The Slants case finally reached a conclusion when the U.S. Supreme Court ruled that the Lanham Act’s § 2(a) (15 U.S.C. § 1052(a)), which barred trademarks that may “disparage . . . or…
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New CA Cannabis Trademark Registrations Could Give Lawmakers Headaches
A bill was recently introduced in the California legislature that among other things would create classifications of trademark registrations for cannabis goods and services, but these additions may cause problems for legislators…
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![Trademark Registration from a San Francisco Trademark Attorney]()
More Stringent Trademark Registration Maintenance Rules Coming Soon
Starting on February 17, 2017 (that’s this Friday folks) USPTO trademark examiners will have the ability to request additional evidence of continued use of registered trademarks when maintenance filings cross their desks.…
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Court Blunts Cannabis-Related Trademark Registrations
The explosion of the cannabis industry nationwide has led to an increase in marijuana-related trademark registration attempts, many of which have been met with stone(d) silence and refusal by the Trademark Trial…
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Court: One Sale Is Enough to Show Trademark Use in Commerce
Clients seeking trademark registrations often ask how much use of a mark in interstate commerce is needed for success. Earlier this month the Federal Circuit answered that question when it reversed a…
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Greatest Snow on Earth Heats Up in Park City Trademark Controversy
Utah touts itself as having the “greatest snow on Earth,” and what’s left of that snow got hot this summer as a menagerie of Park City local businesses, individuals (including my inlaws…
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Trademark Scammers at It Again, Versus….Me!
Back in early 2015, I wrote a post relaying a USPTO and WIPO warning to trademark owners about unscrupulous companies that send very official-looking invoices asking for substantial amounts of money for doing…
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Of Trademarks & T-Shirts: Tales of Superdad and a Beast
Purveyors of T-shirts beware: before you invest in a design with a clever play on words or an adaptation of an iconic drawing, consider these two recent incidents that illustrate in divergent…
