Category: Trademark

“Obamatrade”—The DMCA, the Trans-Pacific Partnership, and the Impact Here in America

Since 1998, digital works in the U.S. have been protected by law under the Digital Millennium Copyright Act (“DMCA”), a broad policy which aims to prohibit the unlawful dissemination of copyrighted material over the internet.  Despite its purported benefits, it has frustrated both content owners and users alike.  Owners, who claim that the law fails… Read More “Obamatrade”—The DMCA, the Trans-Pacific Partnership, and the Impact Here in America

aglenny

Confuse Me?

By: Doug Mondell   The concept of “initial interest confusion” is exactly what its name implies it is—confusing. This doctrine under trademark law made its debut in the 1970s as a remedy for trademark infringement. However well intentioned its creators envisioned it to be, it’s a doctrine that courts across the country are continuing to… Read More Confuse Me?

aglenny

Libations and Litigation

By: Andrew Glenny   The craft beer market has been rapidly expanding in the United States.  Many new breweries have opened to meet the growing demands.  As you may have already realized, most of them like to use puns involving the brewing process, such as hoptimus prime, smooth hoperator, pandora’s bock, and hoptical illusions.  Unfortunately,… Read More Libations and Litigation

aglenny

Supreme Court holds TTAB’s decision may preclude further litigation due to issue preclusion

By: Briana Polan   The United States judicial court system is one of the primary tool litigants choose in resolving civil disputes.  In conjunction, administrative agencies often have internal boards, such as the Trademark Trial and Appeal Board (TTAB) and Patent Trial and Appeal Board (PTAB) to decide adversary proceedings between opposing parties.  For decades,… Read More Supreme Court holds TTAB’s decision may preclude further litigation due to issue preclusion

aglenny

What’s in a Name? Apparently, Quite a Lot of Money.

POSTED BY Phil Kachajian It’s been an eventful few weeks for the New England Patriots, between their amazing Super Bowl victory and the ongoing investigation over the so-called “Deflategate” allegations (which this blogger knows to be completely unfounded and ridiculous). However, in the wake of all the media surrounding the team lately, some other meaningful… Read More What’s in a Name? Apparently, Quite a Lot of Money.

nhasenfus

Can a fictional product infringe on a ‘real world’ trademark?

By: Jessica Gonzalez In 2012, The Dark Knight Rises was released, producing mass Batman hysteria across the country.  The infamous Catwoman, also known as Selina Kyle, had her eye on a particular piece of software the characters referred to as “clean slate.” The program could erase Kyle’s criminal history from every computer database in the… Read More Can a fictional product infringe on a ‘real world’ trademark?

sgbowen

Hope for Fashion? Converse Attacks “Knock-Offs” in Trademark Infringement Case

  By: Briana Polan Trademark protection has afforded producers the ability to provide source-identifying marks in order to reduce customer search costs in the marketplace.  In many cases, a company will seek trade dress protection, a companion of trademark, which protects packaging or appearance of products.  As with any law, various industries tend to benefit… Read More Hope for Fashion? Converse Attacks “Knock-Offs” in Trademark Infringement Case

sgbowen

Of Mice and Lawsuits, Disney and Deadmau5 Square Off Over Likeness Usage and Copyright Infringement

POSTED BY Philip Kachajian   The critically acclaimed electronic music artist Deadmau5 has lawyered up in response to a trademark infringement suit launched by media giant Disney, which believes that Deadmau5’s signature mouse-head logo is too similar to their own. Not to be outdone by Disney’s suit, counsel for the artist have filed a cease and… Read More Of Mice and Lawsuits, Disney and Deadmau5 Square Off Over Likeness Usage and Copyright Infringement

nhasenfus

Battling Over Bottles: Jack Daniel’s Recent Trade Dress Suit

POSTED BY Scott Chappell Recently, the owner of the trademark for Jack Daniel’s Tennessee whiskey filed suit against another Tennessee based distillery, Popcorn Sutton Distilling, claiming Popcorn Sutton copied Jack Daniel’s legendary bottle and label design. The complaint filed claims the new bottle for Popcorn Sutton’s Tennessee White Whiskey is “confusingly similar” to the legendary… Read More Battling Over Bottles: Jack Daniel’s Recent Trade Dress Suit

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Independent Video Game Developers: In Particular Need of Legal Assistance and Particularly Unable to Secure It

POSTED BY Micah Kesselman on October 18, 2013 Video games, a relatively niche industry only a decade ago, has quickly grown into one of the largest entertainment sectors in the world and, as recently as a year ago, was projected to expand to an $82 billion dollar market by 2017. Families now game together. People… Read More Independent Video Game Developers: In Particular Need of Legal Assistance and Particularly Unable to Secure It

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Could this be the Downfall of “Patent Trolls”?

Posted by Kevin Tan at 11:55 AM Over the past several years, Patent Trolls have been targeting small businesses with the hope of scaring these small businesses with threats of costly litigation by alleging that these businesses have infringed their patents. By avoiding litigation, these businesses could settle by paying a fee. According to Professor… Read More Could this be the Downfall of “Patent Trolls”?

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What Does a First-To-File System Mean and What Will This Change to the Patent Process Mean for Inventors and Companies?

Posted by Megan McGovern at 12:46 PM The America Invents Act (AIA) is the latest reform in U.S. patent law signed into effect on September 16, 2011. With a set of rolling changes, on of the main modifications takes place on March 16, 2013, which will transition the patent system from a “first-to-invent” system to… Read More What Does a First-To-File System Mean and What Will This Change to the Patent Process Mean for Inventors and Companies?

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