I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their eyes, and uncover every small detail about them that could possibly be relevant to our case. Most of us mere mortals, however, limit our investigations to working hours and use traditional methods. … More
Tag Archives: Trademark
National Tequila Day is celebrated on Monday, July 24. Tequila is made with the distilled extract of the blue agave plant, which grows in and around the city of Tequila and other parts of the state of Jalisco, Mexico. Although agave has been used for the manufacture of fermented beverages since pre-Columbian times, the ancestor of what we now know as “tequila” was reportedly first made in the 16th century by Spanish conquistadors who had run out of imported brandy (which is why they originally called it “Mezcal Brandy”).… More
This weekend marks Bastille Day in France and also National Ice Cream Day in the United States, so it’s the perfect time to recount the very first ice cream-related trademark lawsuit in the U.S. (or at least the earliest one available to us): French Brothers Dairy v. Giacin.
Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the defendant was accused of falsely labeling the plaintiff as a copyright infringer.
Does that mean you can just go ahead and call anyone you don’t like a copyright infringer,… More
Of Slants, Skins, And Signs: Section 2(a) Prohibition of Disparaging Trademark Registrations Struck Down!
Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. When we first started blogging on this topic, here, we noted that certain stars were aligning for a constitutional showdown. … More
Earlier this month, KISS guitarist Gene Simmons filed an application with the United States Patent and Trademark Office (“USPTO”) to register the “devil’s horns” hand gesture, which he routinely flashes at rock shows, as a trademark for “entertainment, namely, live performances by a musical artist; personal appearances by a musical artist.” This bold move brings up a number of interesting questions, ranging from “Does the gesture really function as an indicator of source that points to Simmons?” to “How will he ever enforce it?” to “Can you really claim trademark rights in a hand gesture?” For a number of reasons,… More
Those of you attending the annual International Trademark Association conference in Barcelona may be drinking a glass of Cava right now and wondering: what makes sparkling wine different from regular wine, and what is the real the difference between Cava and Champagne (or, as the great Zapp Brannigan pronounces it, “champagen”)? Those of us stuck at home and not allowed to go to Barcelona – and no,… More
Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after that first celebration, Anna Jarvis had become the holiday’s most vocal opponent. Why? Commercialization. The floral and greeting card industries had already taken over her idea,… More
We are delighted to announce that Marion Cavalier has joined the firm as an associate in our Paris office. Marion’s practice encompasses patent, trademark, copyright and commercial litigation. Marion also advises clients on data protection, defamation, privacy and contract. Her experience spans a broad range of industries with particular emphasis on the technology, media and telecommunications sectors.
We sat down with Marion to ask her about her practice and her views on some of the IP issues of the day.… More
Although marijuana is becoming legal to varying degrees in an increasing number of states, your chances of getting a marijuana trademark registered with the United States Patent and Trademark Office (PTO) are still grim. In order to register a trademark with the PTO, the applicant has to show that the goods or services with which the mark will be used are permitted under federal law. Therefore, until marijuana gets reclassified by or removed from the federal Controlled Substances Act,… More
Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade Practices
There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into tangible products, and promote those products. World Patent Marketing in Florida bills itself as one of those companies. But according to a complaint filed by the Federal Trade Commission this month,… More
A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in one territory can be distinctive in another.
Doughnuts are well-known in the U.S. but, until recently, they were far less known in Europe.… More
En route to Paris for the spring conference of the Pharmaceutical Trade Marks Group, I am contemplating trying to pay a visit to the PARIS BEACH CLUB. Paris Beach Club! Get it? It’s a joke because, as everyone of course knows, Paris is land-locked and has no beach.
Or so goes the reasoning of one of my favorite Trademark Trial & Appeal Board cases,… More
Section 43(a) of the Lanham Act prohibits false or misleading statements in commerce that are likely to cause confusion as to a person’s affiliation, approval or sponsorship of someone else’s commercial activities. Here’s an easy example: You take an iconic photograph of a celebrity and, without the celebrity’s permission, incorporate it into the wrapper of a candy bar you are selling. Consumers are confused into thinking the celebrity has endorsed the candy bar,… More
It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and coolness to the mix. Fashion Week kicks off this Thursday, February 9 through Thursday, February 16, and as usual, the fashion world is all abuzz over who will be the designer-to-watch. … More