Category Archives: Announcements

The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

Mag GlassAs any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent identification requirements, and so forth. Another difficulty lies in what appears to be a large number of registrations subsisting on the federal register, past their initial maintenance filings, despite a high likelihood that such marks are no longer used, or have never been used, in connection with some or all of their identified goods and services.

Many… More

Top Five Surprising Observations from the INTA Annual Meeting in Hong Kong

 

INTA annual meetings are always interesting, sometimes in ways that you don’t expect.  This year’s meeting is in Hong Kong.  I thought I would share my top five observations, both good and bad, about my experience so far.

On the good side of the ledger:

1. The Saturday night Gala was fun!  I had never attended it before, and it was really nice.  It was worth packing the extra black tie outfit, and I somehow even managed to navigate the shoe issue.  Thanks to Iris and Stephen at the Copyright Clearance Center for inviting me.

2. … More

Recent Copyright And Trademark Administrative Developments

Some recent administrative developments may be of interest to copyright and trademark practitioners:

Copyright Fees

Effective May 1, 2014, the U.S. Copyright Office has amended its registration fee schedule.  This includes reduced renewal application fees and increased fees for registering multiple works.  A complete list of the new fees is available here.

Updated Trademark Manual of Examining Procedure (TMEP)

On April 30, 2014, the USPTO issued the April 2014 update of the TMEP, which includes precedential case law and other changes since the October 2013 revision.  Highlights of the changes are available from the USPTO… More

“Please Sir, I Want Some More” Rules: U.S. Copyright Office Considers “Orphan” Works Legislation

The U.S. Copyright Office has called for public comment on potential legislative solutions to the problem of orphan works under U.S. Copyright law.

An orphan work is an original work of authorship whose author cannot be located or identified when someone is seeking permission to use it. For example, say you want to reprint a photograph in a book, but you can’t identify or locate the photographer, and you don’t know where to go for permission.  Should you still use it?  Have you really searched hard enough for the rights holder?

The copyright office issued a Report… More

Foley Hoag Attorneys to Screen Provocative, Academy Award-Winning LOGORAMA Film and Lead Discussion of Copyright and Trademark Fair Use Issues

Honestly, who hasn’t fantasized at some point about Ronald McDonald grabbing an Uzi and slaughtering his way through corporate America?  LOGORAMA, the Academy Award-winning animated short, involves a gritty police chase set in a Los Angeles-inspired cityscape entirely populated by over 2,500 contemporary and historical trademarks and logos.  We couldn’t let this provocative and fascinating film pass completely without notice in the legal community.

On June 25, 2012, at 4:00 PM, the Boston Bar Association will present a special screening of the 16-minute film, with the kind permission of… More