Once in a while, terms that once functioned as trademarks are so widely used by the public that they lose their trademark status and become generic. At one time, aspirin, escalator, thermos, yoyo and laundromat were all federally registered trademarks. Their owners did not properly enforce these brands, and they became so common that they … Read more
Published by Law360 on January 6, 2023 A recent Rolling Stone article by David Browne called “The Future of Classic Rock Tours: One or Two Surviving Members… Or None?” described how heritage bands like The Allman Brothers Band and Lynyrd Skynyrd continue touring — and generating revenue — even when one or more original members … Read more
Clients often ask whether they should apply to register their trademarks outside of the United States. A trademark registration is a valuable asset. It gives its owner the exclusive right to use its mark in connection with the goods or services covered by the registration, and the right to stop third parties from using the … Read more
Trademark rights are national. If a mark is used and registered in the United States, its owner might not be able to stop third parties from using the same mark in connection with the same goods and services in other countries. For this reason, many brand owners are interested in protecting their trademarks outside of … Read more
As we ease out of summer, we thought we’d share a lighthearted story about how a song about Victoria’s Secret went viral on TikTok and made it to the Billboard 100. *** As Madonna aptly wrote (and sang), music makes the people come together. That happened this summer when an American singer named Jackie Miskanic … Read more
A few years ago, we wrote an article summarizing the timing and costs associated with the clearance and application to register a trademark in the United States. Fee increases and delays at the Trademark Office (caused in part by Covid and in part by a rise in the number of new trademark applications – largely … Read more
Every trademark application has to include one or more filing bases. A “filing basis” is the basis in the Trademark Act upon which an application is filed. Each filing basis has different requirements that must be satisfied before a trademark can proceed to registration. The five possible bases are: Use in Commerce (Trademark Act Section … Read more
Protecting creative works from copyright infringers can be an expensive, time consuming and expensive endeavor. Right now, copyright infringement lawsuits must be filed in federal court. Discovery can take years, involve multiple court appearances, depositions, expert witnesses, and hours of document review and motion practice by attorneys. Specifically for copyright cases, damages are hard to predict … Read more
The Trademark Modernization of 2020 (“TMA”) became law on December 27, 2020. The United States Patent and Trademark Office (“USPTO”) recently announced that many of the regulations implementing the TMA will go into effect on December 18, 2021. These regulations will have an immediate impact on trademark clearance, prosecution and enforcement strategies, and are relevant … Read more
We’re excited and delighted to announce that Samantha Butler has joined the firm as an Associate. Samantha’s practice focuses on trademark clearance, prosecution and contentious matters. She graduated Magna Cum Laude from New York University, and received her law degree from Brooklyn Law School. Before joining the firm, she worked at Donovan & Yee, where … Read more
