Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]
Good litigation strategy involves reviewing a case and potential jurisdictions based upon historical outcomes, some which may have more positive (or more dire) effects on your client’s case. This is sometimes referred to as “forum shopping.” And frankly, it’s just good advice. One of the most popular forums for patent litigation and patent infringement suits is Read more about SCOTUS: Forum Shopping Spree Over for Patentees[…]
A “trademark” (less commonly called a “service mark”) can be a single word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Some trademarks are a combination of words and symbols, and many evolve over time. For example, Target’s trademark has become a red bull’s eye, now widely recognized by Read more about The Importance of Trademark Goodwill[…]
Stuffed miniature mascots in cheerleading uniforms. Monthly calendars featuring cheerleaders. Clothing designed to mimic cheerleading uniforms. What do all of these have in common? They are sold in university gift shops and, under the Supreme Court’s latest decision on cheerleading uniforms, they are likely infringing works. The US Supreme Court recently ruled that fashionable 2-D and 3-D Read more about Go, Fight, Win: SCOTUS Says Cheerleading Uniforms Are Functional AND Creative[…]
In the modern world, intellectual property protection is becoming ever more important. We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple. Most often, these articles jump right into the details that grab our attention and fail to explain what intellectual property is and how something Read more about Intellectual Property: the Types, the Benefits, and How We Can Help[…]
Paul Allen, former Microsoft co-founder recently brought a patent infringement suit based upon 4 of his patents against many notable companies including Apple, Google, Facebook, NetFlix, AOL and others. Last week the district court granted a stay while the patents are being reexamined. Two of the reexamination requests (those for patents 6263507 and 6034652) were filed Read more about Patent Reexamination[…]
On May 5, 2011 the United States Patent Office (USPTO) will begin the implementation of new rules for prioritizing patent examination. Under Track One, the patent office will expedite the examination of Patents, within twelve (12) months for an additional $4,000 payment. Small entities will receive a 50% discount on the expedited examination fee. It currently takes Read more about New Patent Application Examination Rules[…]