As the holiday season is now upon us, one may wonder: Are general sayings about Christmas, Hanukkah, and other holidays protectible as trademarks? Or are these sayings free for anyone to use on things like sweatshirts and coffee mugs? The answer is, of course, the classic, “It depends.” But a review of singer Mariah Carey’s … Continue Reading
As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it is no surprise that intellectual property (IP) owners are starting to see an increase in unauthorized uses of their trademarks and copyrights. There is a … Continue Reading
Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule, the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. A summary of the changes follows:… Continue Reading
On Dec. 10, 2021, the U.S. Patent and Trademark Office (USPTO) issued a precedential Final Order for Sanctions against Chinese practitioner and law firm Yusha Zhang and Shenzhen Huanyee Intellectual Property Co., Ltd. for filing more than 15,000 applications and other submissions that were deemed fraudulent. The USPTO described the mass filings as “[a] scheme … Continue Reading
The U.S. Copyright Office has proposed a fast-track copyright registration option[1] for small claims to be brought before the Copyright Claims Board (CCB). Congress recently created the CCB under the Copyright Alternative in Small-Claims Enforcement (CASE) Act[2] to address the challenges and costs of federal litigation. The CCB must be operational by December 27, 2021 … Continue Reading
The U.S. Patent and Trademark Office (USPTO) issued a notice on June 12 announcing a new, accelerated examination program for certain COVID-19-related trademark applications. The USPTO will begin accepting petitions for fast-track examination on June 16, 2020. This is great news for those developing and researching new products to help combat COVID-19. Applications are typically … Continue Reading
The hair salons are closed – now what? During this COVID-19 pandemic, many consumers are resorting to buying hair care products online, including products such as permanent hair colorants that are designed solely for use by licensed cosmetologists. Brands should monitor e-commerce sites for the unauthorized distribution of their salon-only products that are being dumped … Continue Reading
On March 23, the U.S. Supreme Court issued its first of three anticipated copyright decisions for this term – Allen v. Cooper – in which the Court unanimously held that states are shielded from copyright suits by sovereign immunity. Thus, the plaintiff filmmaker did not prevail in his copyright infringement suit against the state of … Continue Reading
A trademark case to keep an eye on this year is Girl Scouts of the USA v. Boy Scouts of America, case no. 1:18-cv-10287, which was filed last November in the United States District Court for the Southern District of New York and is currently in the discovery phase. Being familiar organizations to many of … Continue Reading
In the continuing saga of whether Section 2(a) of the Lanham Act is unconstitutional because it violates the First Amendment, the rock band The Slants will have to wait a little longer before it knows whether it can register its trademark THE SLANTS. The Slants, a band composed of Asian-American musicians, has received a significant … Continue Reading