• SCOTUS Decision in B&B Hardware Has Significant Implications for TM Applicants (and Owners)

    Stacy J Grossman

    The Supreme Court’s decision in B&B Hardware raises the stakes for any party seeking to register a trademark. Trademark applicants must now consider that an unfavorable TTAB decision could be binding in a later district court infringement action....more

  • Website Terms of Use. You Need Them. Here's Why...

    Stacy J Grossman

    In the “olden” days (like 1992!), most websites were static and information was transmitted from the provider to the user. There was no need to set out explicit terms for the interaction. Times have changed. The interactivity and technology at play make having a proper Terms of Use an important consideration for most website operators. Here are five important issues that should be addressed when drafting TOU....more

  • USPTO Refuses to Register Marks Associated with Eric Garner

    Stacy J Grossman

    The USPTO has, not surprisingly, refused to register I CAN'T BREATHE and BLACK LIVES MATTER as trademarks for clothing....more

  • Social Media SmackDown: Elton John, Dolce & Gabbana, The First Amendment and a Brand in Peril

    Stacy J Grossman

    This weekend, singer Elton John called for a boycott of the fashion house Dolce & Gabbana, in direct response to anti-gay, anti-IVF statements made by the company’s founders in an article that appeared in an Italian magazine. This post looks at this story, and how social media can impact a famous brand....more

  • The Lines Just Got Blurrier for Musicians

    Stacy J Grossman

    Earlier this week, matters got considerably worse for the funk duo: a jury found that “Blurred Lines” was substantially similar to Marvin Gaye’s “Got to Give It Up,” and awarded Gaye’s estate $7.3 Million in damages....more

  • New Copyright Case Highlights Issues Relevant to Photographers

    Stacy J Grossman

    Absent timely registration, a copyright owner is simply entitled to actual damages, which are difficult and expensive to prove. And unfortunately, in the case of an unregistered photograph, the cost of litigation almost always outweighs the potential recovery. Photographer Co Rentmeester begs to differ.