158 articles · page 12 of 14
Written by Rebecca L. Wright , Ph.D. and Jonathan Hyman Edited by Loni Morrow and Catherine Holland Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its…
Followers of this blog may have recognized through the years an implicit belief in a connection between the sometimes intricate rules of intellectual property and larger, high-level issues, principally climate change, but also business, competition, and…
Written by Diana E. Wade and Ian W. Gillies Edited by Loni Morrow and Catherine Holland Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a…
Written by Jonathan Menkes and Catherine Holland Edited by Loni Morrow and Jonathan Hyman Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the…
About a year ago, Tesla filed two new trademark applications in the U.S. Patent and Trademark Office (USPTO) – Application Serial Nos. 86/960,133 and 86/960,138 – the first for its three bars design and the second for the mark MODEL 3 with…
There are still a number of entities out there trying to trick trademark owners into spending money to list their marks in various on line and print directories by sending official looking invoices and other paperwork. In the last month, one client…
Written by Daniel K. Yarbrough, Ph.D. and Jing Liu, Ph.D. Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have…
Written by Loni Morrow and Jason J. Jardine Edited by Catherine Holland It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry. See, Nicole R. Townes and Robert Roby, Design…
An Internet search using the term "provisional patent application" will bury you in ads by companies offering inventors a low-cost entry ticket to the U.S. patent system. I'm concerned, but not surprised. The U.S. provisional patent…
Written by Charlene Azema and Jonathan Hyman On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright…
Written by Susan Natland and Jonathan Menkes In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the and marks owned by an individual,…
Written by Jonathan Hyman and Scott Forbes In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD…
