TRUMPMARKS: The Latest Trend in Trademarks
The Trademark Office database includes 545 marks that include the word TRUMP. Since the start of 2015, nearly 100 TRUMP applications have been filed by would-be entrepreneurs. Most or all of them will be refused. That’s about $27,500 in wasted filing fees....more
I Called It - 3 US Trademark Applications for BREXIT
On June 24th, an individual filed an intent-to-use application to register BREXIT for "clothing, including t-shirts and hats". But a slogan printed on the front of a t-shirt is considered merely ornamental, and not a true indicator of source. ...more
How Will Brexit Impact Businesses with European Trademarks?
Until Brexit actually occurs, the UK remains a member of the EU, and existing EUTM rights remain in force. That being said, businesses with interests in Europe should review their trademark portfolios and consider whether to file fresh trademark applications in the United Kingdom in order to secure their rights....more
Star Athletica v. Varsity Brands: When Is a Useful Item Copyrightable?
Today, the Supreme Court agreed to hear Star Athletica v. Varsity Brands, a case involving the appropriate test to determine when a feature of a useful article is protectable under Section 101 of the Copyright Act....more
Monkey Business - Copyright in Photographs
I'm frequently asked whether it's ok to copy a picture found on the Internet, and use it on a website, or in a newsletter. My answer is always the same: "not unless you have permission."...more
Kylie vs. Kylie: A Celebrity SmackDown
While the Trademark Office can stop Jenner from getting a trademark registration, it can't prevent her from actually using her name. Minogue would have to bring a federal lawsuit to achieve that goal. I'm not sure Minogue would win, but it sure would be good fodder for the next season of Keeping Up With The Kardashians....more