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

Song Resurgences Show Value Of Musician IP Strategy

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

International Trademark Filings: National Applications vs. International Application Under the Madrid Protocol

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

Musical Smackdown of Victoria’s Secret Prompts Apology (by Victoria’s Secret)

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

U.S. Trademark Filing Bases – Here’s What You Need To Know

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

Help Is On The Way for Copyright Owners – Copyright Claims Board Set to Launch Spring 2022

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

Client Alert – The Trademark Modernization Act Will Be Implemented in December. Here’s What You Need To Know.

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