Nancy R. Frandsen

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A Finding of Willfulness Is Not Required for an Award of Profits in a Trademark Infringement Case

The Supreme Court has definitively answered the question of whether a plaintiff in a trademark infringement suit is required to show, as a precondition to a profits award, that a defendant willfully infringed the plaintiff’s trademark. By a unanimous vote, the Supreme Court said NO. In Romag Fasteners, Inc. v. Fossil Group, Inc., Romag, a … Continue Reading

Really? Someone thinks I HEART COVID-19 should be awarded a US trademark registration?

Aside from I HEART COVID-19 (stylized) being an offensive slogan given the hundreds of thousands of people affected throughout the world by the coronavirus pandemic, the U.S. trademark application for this slogan, filed by an entity called Bad Covid, LLC, is likely to fail like most of the other opportunistic trademark filings for terms related … Continue Reading

Copyright Office Eliminates Three-Month Filing Requirement for Newspapers

Co-authored by: Savannah Merceus On Feb. 13, 2019, the U.S. Copyright Office amended its rule governing group registration of newspapers by eliminating the requirement that claims be submitted within three months after publication of the earliest issue in the group.[1] In its new amendment, the Office noted that several newspaper publishers reported issues with complying … Continue Reading

In re Tam: Still No Trademark Registration for The Slants

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
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