Currently viewing the tag: "Lanham Act"

Two recent Supreme Court cases abrogated § 2(a) of the Lanham Act, which prohibited the registration of trademarks that were disparaging, immoral, or scandalous. While the Supreme Court justified the death of § 2(a) on the grounds of free speech, it has also opened up a new problem for Native American communities. § 2(a) was […]

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Make Wine, Not War—San Antonio Winery v. Lara Vineyard

On February 18, 2016 By

Lara Vineyard, a vineyard located in San Antonio, Texas, is currently feeling the [grapes of] wrath from San Antonio Winery, a vineyard located in Los Angeles, California. On January 19, 2016, San Antonio Winery filed a trademark-infringement suit against Lara Vineyard for its use of the words “San Antonio” on the label of […]

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Heigl v. Duane Reed: A Battle for Publicity

On April 16, 2014 By

Paparazzi snap a photo of a public figure using a product.  The photo is posted online.  The company who produces the product tweets the photo, excited to show a well-known person uses its product.  Does the public figure have a legitimate claim that his or her right of publicity has been violated? […]

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Washington “Redskins” to Lose Trademark Protection?

On February 24, 2014 By

Last month, the U.S. Patent and Trademark Office fired a shot across the bow of Dan Snyder, owner of the Washington Redskins football club. Over the past 20 years, numerous parties have tried to persuade the NFL franchise to change its team name, arguing that the term “redskin” is racist and offensive to Native Americans. […]

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“The Situation” Has A Trademark Situation

On September 17, 2010 By

Recently, Jersey Shore cast members have suffered some trademark grenades. In August, Snooki attempted to register her nickname for use on the books, but the United States Patent and Trademark Office (USPTO) refused to register “Snooki” due to a likelihood of confusion with the cartoon cat “Snooky” from the children’s book, Adventures of Snooky; Under […]

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Snooki in a Trademark Catfight

On August 20, 2010 By

Recently, Nicole Polizzi, better known as “Snooki” from the hit MTV reality show, Jersey Shore, endured some hairballs when she was arrested for disorderly conduct and ridiculed for her anti-Obama statement about the tanning tax.

The newest drama involves a cartoon cat named “Snooky” from the children’s book […]

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Talking Heads Frontman Sues Florida Governor

On May 28, 2010 By

Former Talking Heads Frontman David Byrne has sued Florida Governor Charlie Crist, alleging Crist used the Talking Heads song, “Road to Nowhere” without permission in a Senate campaign ad. The suit accuses Mr. Crist of copyright infringement and false endorsement, and seeks $1 million in damages.

The song first appeared in […]

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Lions, Tigers and Bears, oh my! It is not uncommon for professional sports teams to be named after courageous, cunning, or speedy animals (or maybe pretty birds in the case of the Blue Jays and Cardinals), but some teams opt to honor notable characters from history like the Dallas Cowboys, Pittsburgh Pirates and Texas Rangers, […]

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It’s the age-old story: artist puts out album, Pitchfork loves album, another artist claims right to use the artist’s name. Okay, so maybe it’s not that common of a tale, but it’s been the subject of more than a few confused news articles. Some recent examples: in 2004, Manitoba mastermind Dan Snaith changed […]

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