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[…]
Loosing Trademark Rights Once a trademark has been established, the rights can continue indefinitely as long as the owner continues to use the mark in commerce. However, there are several common methods of losing a trademark including: Abandonment; Failing to stop others who cause confusion; Genericide Improper licensing of the rights; Improper assignment of the Read more about How to Lose Trademark Rights[…]
Whether your mark is federally registered or not, it is protected against would-be commercial exploiters. Trademark Rights Federal trademark law, specifically Section 1125 of the Lanham Act, provides valid trademark owners with a civil action against anyone who: Uses any word, term, name, symbol or device or any combination thereof, or any false designation of Read more about Registered or Not: Know Your Trademark Rights[…]
Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]
A “trademark” (less commonly called a “service mark”) can be a single word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Some trademarks are a combination of words and symbols, and many evolve over time. For example, Target’s trademark has become a red bull’s eye, now widely recognized by Read more about The Importance of Trademark Goodwill[…]
Hasbro, the famous toy maker, has filed a trademark infringement suit against computer maker, Asus over the use of the “Transformer” mark. Asus, the maker of iPad tablet type of computers, unveiled the new “Eee Pad Transformer,” an Android-based tablet that can convert to a notebook via a docking station. Last month, Asus expanded their Read more about The Next Transformers Battle[…]
The Internet Corporation for Assigned Names and Numbers (“ICANN”) is registering a new top-level domain xxx, despite numerous objections from various groups. Some believe that the creation of the .xxx top-level domain (TLD) will effectively create an official internet ‘red-light district’ while others hope that this will help get the pornographic websites off of the Read more about New Registration for .xxx Domain Names[…]