Trademarking Domain Names In a win for a business owner, the Supreme Court recently held that a company’s website which used a .com ending was protectable as a trademark, reversing the decision of the trademark office. Booking.com had attempted to register its domain, Booking.com and the USPTO rejected the application claiming it was generic. The Read more about Trademark Office looses Challenge, Website Owner Gets Trademark[…]
Nike just settled its two-week old trademark battle against “Satan Shoes” seller MSCHF Product Studio Inc. MSCHF is a Brooklyn-based collective of artists and designers which creates artwork in novel and unique ways. For example, one of their projects included selling a virus infected laptop for $1.35 million, selling a dog collar which cursed when Read more about Satan Lost his Shoes in the Latest Trademark Battle[…]
In a year that is unlike any other, the pandemic has wrecked havoc on the trademark for Corona. First, consumers were confused about the association of the beer with the virus. Then, as a result of increased demand for alcoholic beverages, Corona was sued as a result of sales of fruity fizzy flavored beverages. One Read more about Crazy Year Causes Trademark Challenges to Corona Brand and Goodwill[…]
COVID Relief includes Copyright provisions Last night, as part of the latest round of COVID relief, Congress enacted new intellectual property regulations within the proposed legislation. There are almost 100 pages of new intellectual property regulations within the COVID-19 appropriations bill. The new legislation has not yet been signed by the President. Based on the Read more about In surprise move, Copyright Office can decide Copyright Infringement Cases[…]
Based on the trademark issues when Washington decided to change their football team’s name, you should follow the following 5 steps when choosing a new trademark.
Enforcing Trademark Rights during a Pandemic In an unlikely scenario, 3M has filed a lawsuit against a reseller of N95 surgical masks to enforce its trademark rights during a pandemic. The reseller, a medical supply company selling surgical masks to NY City for use during the pandemic, was price-gouging city officials. 3M brought suit against Read more about Trademark Rights during a Pandemic[…]
Trademarking Governmental Symbols Trademark Law protects a business from unlawful competition by preventing consumer confusion. Trademarks can be a word, symbol, phrase, sound, scent, packaging or look and feel used to distinguish a particular manufacturer’s or seller’s products from the products of another. Generally, trademarks make it easier for consumers to identify the source of Read more about Trademarking Images of Uncle Sam[…]
The U.S. Supreme Court recently ruled that previously rejected trademark registrations which were refused as being immoral or scandalous violates the First Amendment.
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
As part of running a business, business owners occasionally need to license their trademarks. Because trademark licenses typically require that the brand owner control use of their trademarks, the agreements require control over the mark. However, if done wrongly, a trademark license can accidentally create a franchise. In some cases a business owner wants to Read more about 101 Series – Trademark Licensing and Franchising[…]