Monthly Archives: May 2015

Pretzel Logic: Federal Circuit holds that TTAB Failed to Consider Mark as a Whole

webcontentAn application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness.

The holder of the PRETZEL CRISPS mark, Princeton Vanguard, originally applied to register it in 2004.  Not surprisingly, Princeton was diverted to the Supplemental Register given the non-distinctive nature of the mark. … More

Digilante Justice: Defamation By Camera Phone

swEarlier this month, a man in Melbourne, Australia decided to take his very first selfie next to a Darth Vader poster at a local shopping center. A nearby shopper mistakenly thought that the man was taking pictures of her young children. Convinced she had espied a pedophile, the mother snuck a cellphone shot of the man and uploaded it to Facebook, along with commentary labeling him a “creep” and implying that he might be a “registered sex offender.” When word of the post reached the man,… More

“Hollywood Circuit” Court Issues En Banc Decision in Garcia v. Google: No Copyright Protection for Fleeting Dramatic Performance

Innocense 2On May 18, 2015, the Ninth Circuit sitting en banc vacated its prior decision in Garcia v. Google. The prior decision, authored by Judge Alex Kozinksi, controversially held that an actress had standing to issue a DMCA takedown notice to YouTube because she had a distinct copyright in her performance within a film, even though she was not an author of the film as a whole.… More

Eleventh Circuit Mops the Floor With Invalidity Ruling: Faux-Hardwood Gets Copyright Protection

woodLast year, the District Court in Home Legend v. Mannington Mills gave three reasons for its holding that the designs on faux-hardwood flooring material, which are intended to look like real maple floors, were not subject to copyright protection. On April 29, 2015, however, a unanimous Eleventh Circuit decision held that these reasons were against the grain, and shipped the matter back to District Court for pulping.… More

INTA.sucks: Brand Prophylaxis or Trademark “Protection” Racket?

CaptureI’m back from the International Trademark Association (INTA) Annual Meeting in beautiful (if a bit cloudy and windy) San Diego, which featured the usual array of client meetings, networking with counsel from around the world, and seeing the sights.  The convention center area, the USS Midway, and the street of the Gas Lamp Quarter were temporarily overrun with the nearly 10,000 trademark (with a smattering of patent) professionals proudly displaying their INTA badges and ribbons.… More

Top Eight Things You Should Know About the Hague System For International Registration of Designs

CaptureU.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations.  Currently, U.S. applicants seeking to protect designs in multiple countries must file separate applications for each of the countries through their national or regional patent offices.  Starting May 13, 2015, when the Hague Agreement Concerning the International Registration of Industrial Designs goes into effect in the U.S.,… More