Currently viewing the tag: "trademarks"

The Rise of Predictive Legal Technology

On March 3, 2016 By tricker

Lawyer’s desks are often cluttered with papers.  There are files upon files.  Accordion folders are part and parcel for a deal closing or court hearing.  These papers and their content are often why the resolution of a legal issue is expensive and prolonged.  While technology has already affected many areas of the law and made [...]

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On February 9, 2016, the London-based British luxury apparel brand, Burberry, filed a lawsuit against J.C. Penney Corp. The lawsuit, filed in the Southern District of New York, alleged that J.C. Penney infringed upon Burberry’s trademark of its signature “Burberry check” pattern. The complaint also contained allegations of federal counterfeiting, and multiple other state [...]

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The 88th Annual Academy Awards, otherwise known as the Oscars, take places next Sunday, February 28th. This year’s Oscars have already been ripe with controversy, but the problems haven’t stopped yet. Earlier this week, the Academy sued Lash Fary, founder of Distinctive Assets, for trademark infringement in California federal court. Distinctive Assets is [...]

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Can You Copyright Apparel?

On October 27, 2015 By zcrane

On August 19th, 2015, an en banc panel on the Sixth Circuit ruled that cheerleading uniforms are eligible for copyright protection. This decision prompted the losing party, Star Athletica, to request that the panel overturn the decision, citing “immense practical implications” for the apparel industry. The split Sixth Circuit panel found that stripes, chevrons and [...]

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No True Master of TestMasters

On September 7, 2015 By jblasco

For over a decade, two test prep companies operating under the name “TestMasters” have been quarreling in court for federal registration of the official trademark for “TestMasters” with the United States Patent and Trademark Office. Just last month, on August 21, 2015, the United States Court of Appeals for the Fifth Circuit put an [...]

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The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration was established in 1958 with the purpose of providing international protection for appellations of origin.  The Agreement sets up an international register and ensures that registered appellations receive the same protection in all member countries as they do in [...]

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Washington Redskins Trademark Hail Mary

On November 5, 2014 By Travis Gray

Last Monday night the Washington Redskins football team needed a field goal in overtime to beat the Dallas Cowboys. When it comes to the team’s ongoing trademark litigation, however, they may need a Hail Mary to beat the United States Patent and Trademark Office (USPTO).

Earlier this year, the United States Patent and Trademark Trial [...]

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Faux Hershey Settles

On October 23, 2014 By Chastity Bobo

Hershey Company has settled the trademark infringement lawsuit it filed in June against TinctureBelle, LLC and TinctureBelle Marijuanka LLC, Colorado based marijuana-candy companies. Hershey claimed consumers would be confused by the similarities between marijuana-infused chocolate products and popular Hershey favorites. Other included claims were: trademark dilution, false designation of origin, unfair competition, and passing off.

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The ALS Association has put a damper on the wildly successful “Ice Bucket Challenge” fundraiser after filing applications with the US Patent and Trademark Office in an attempt to trademark the contest’s title.  Given that the viral campaign began well before the ALSA became involved, public response to the trademark claims was swift [...]

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When it comes to marketing, branding is important. A clever brand name can become ubiquitous and help a company soar to popularity. The drawback is that such brands are at risk of being genericized. When this happens, what was once a brand name is now a generic term used as a [...]

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