Can a Trademark Licensee Keep Using the Mark after the Licensor Files for Bankruptcy? Circuit Split Heads to U.S. Supreme Court

All you trademark lawyers better sit down, because this may come as a shock: You are not “intellectual property” lawyers . . . at least not according to Section 11 U.S.C. § 101(35A) of the Bankruptcy Code, which intentionally omits trademarks from the definition of “intellectual property.”

Owing in part to this omission, there is an ongoing circuit split as to the rights of a trademark licensee when a licensor declares bankruptcy.… More

Flags as Trademarks: What are the Rules of the Road?

I never paid a lot of attention to Flag Day, until the year that my daughter was born on June 14.  Now Flag Day is a special day for our family, and of course there is a lot of flag waving on Independence Day which comes hot on its heels.  So this seems like a good time to review the rules on when you can register and use images of flags as trademarks.… More

Can We Give State Cannabis Trademarks Some Teeth While Waiting for a Federal Solution?

Cannabis trademarks. By now, most IP lawyers know two things about them.

First, even though cannabis is legal in an increasing number of states (9 allow recreational use; 29 allow medical use), the United States Patent and Trademark Office (USPTO) is refusing applications to federally register cannabis trademarks, no matter the home state of the applicant, until the substance gets reclassified by or removed from the Controlled Substances Act (which doesn’t seem to be on the immediate horizon).… More

The Thin Dull Line: Are These Auto Interiors Sufficiently Creative for Copyright Protection?

Are automobile interior designs eligible for copyright protection? Last month, we wrote about the Copyright Office Review Board’s (CORB’s) allowance of the registration of a three-dimensional pattern for an automotive floor mat. Does this mean that every little feature of your car is now eligible for copyright protection?

Not according to CORB, which recently released its opinion in the matter of Novem Car Interiors.… More

Watch: Designs for the Generalist In-House Counsel

What does the generalist in-house counsel need to know about protecting designs? Designs occupy a unique space in intellectual property. In the U.S., designs are protected under the patent laws, while in Europe, designs are typically protected under industrial design law. Overlapping protection for designs also exists in the U.S. and Europe through copyright law and through trademark law as it applies to trade dress.

Foley Hoag LLP presents a webinar offering guidance for in-house counsel regarding the basics of design protection from U.S.… More

Seattle Trademark History Tour, Part 10: Behaving Badly at the St. Francis Since 1907

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 9: The Milk from Contented Cows

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Trademarks and the Wrath of Mt. Rainier: 10 Tips for Enjoying INTA 2018 in Seattle

As most of our readers are keenly aware, the 140th INTA Annual Meeting takes place next week in the Emerald City, Seattle, where more than 10,000 trademark professionals (including a fair number of patent professionals in disguise) will gather to network, learn, have a drink or two, develop intellectual property policy, connect with old friends, dine, snap up CLE credits,… More

Seattle Trademark History Tour, Part 8: The Invention of the Super Market

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern Washington became the 42nd state in 1889,… More

Seattle Trademark History Tour, Part 7: Ostrea Lurida & the San Francisco Oyster House

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 6: Old German Lager Won’t Give You a Headache

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 5: The Store Where Your Credit Is Good

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 4: The Old Rainier Brewery

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 3: The Feuding Fremont Undertakers

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Whois, We Hardly Knew Ye: GDPR Spells Doom For Domain Name Ownership Transparency

By now, our readers are likely familiar with the General Data Protection Regulation (“GDPR”), the sweeping, European Union-wide legal and regulatory regime that provides enhanced protections for personal data.  The GDPR, which goes in effect on May 25, 2018, is expected to reshape the digital data landscape in the EU and beyond.  My colleague Catherine Muyl (from our Paris office) provided a helpful GDPR overview back in January,… More