Alert: New Trademark Trial and Appeal Board Rules Coming January 14, 2017
In October, the Trademark Office issued amendments to the rules of practice before the Trademark Trial and Appeal Board. The new rules go into effect on January 14, 2017, and are intented to provide more efficiency and clarity in trademark proceedings....more
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