Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged trademark · clear
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 Julianna Simon and Jeff van Hoosear On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech…
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…
Written by Jonathan Hyman and Loni Morrow On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual…
Written by: Jonathan Hyman and Loni L. Morrow The closely watched case of Star Athletica v. Varsity Brands was argued in front of the the Supreme Court on Monday , offering anxious fashion designers a glimpse into how the Justices may rule. As a brief…
Written by Rebecca Wright, Ph.D. and Curtiss Dosier In 2006, Warner Bros. filed suit against A.V.E.L.A., X One X Productions, and ArtNostalgia.com, Inc. (collectively, “AVELA”) for copyright and trademark infringement under the Copyright Act,…
An interesting phenomenon is the use of trademarks to own current events. Every major event seems to be followed by a series of trademarks applications by those who seek to claim ownership of history, or at least the tchotchkes of history. It wasn’t…
