We are approaching the end of holiday travel season and you have likely been a visitor or had visitors over the past several weeks. If in your travels you’ve had cause to drive along interstate Route 93 just south of Boston, perhaps you noticed a large gas tank out across Dorchester Bay adorned with what seem like enormous paintbrush strokes in purple,… More
Monthly Archives: December 2016
Can “Merry Christmas” Be A Trademark For Christmas Wrapping?
In 1905, the owners of Smith & Kaufman, Inc., a ribbon & silk company in New York, hit upon an idea. Wouldn’t it be great, they thought, if we made a red holiday ribbon for wrapping Christmas presents, with the words “Merrie Christmas” woven into the ribbon at intervals of about two inches in Old English script type? And wouldn’t it be even better, they thought, if we could stop our competitors from doing the same thing,… More
French Justice In A California Court: Copyright, Picasso And The “Astreinte”
The peoples of France and the United States tend to view things very differently — Jerry Lewis, berets and processed cheese food, to name just a few. Law sometimes transcends this divide – for example, French and American intellectual property lawyers can communicate based on shared fundamental understandings about copyright, trademarks and patents, even as our cultural differences persist. In other instances, however, a shared understanding of legal concepts by lawyers of different jurisdictions is much more difficult. … More
A Trademark Year In Wine And Beer 2016: Our Holiday Buyer’s Guide To Disputed Beverages
Just in time for the holiday season, we present our third annual Trademark Year in Wine and Beer, a wrap-up of alcohol-related trademark and trademark-ish disputes dating back to December 2015, when we published our last edition. Our scope includes lawsuits brought in U.S. Courts, actions before the Trademark Trial and Appeal Board (“TTAB”), arbitrations pursuant to the Uniform Domain Name Dispute Resolution Policy (“UDRP”),… More