Category Archives: News

OPPOSER HAS BURDEN TO DEMONSTRATE NON-USE OF THIRD-PARTY REGISTRATIONS TO REBUT CLAIM OPPOSER’S MARK IS WEAK

See https://www.inta.org/perspectives/law-practice/united-states-burden-on-opposer-to-establish-non-use-of-third-party-registrations/

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SUPREME COURT HOLDS DEFENDANT NOT LIABLE FOR TRADEMARK INFRINGEMENT INVOLVING ACTS UNDERTAKEN ABROAD

SEE https://www.reuters.com/legal/us-supreme-court-tosses-hetronics-96-million-trademark-win-against-european-2023-06-29/

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WHY USING A ROBOT TO WRITE YOUR BRIEF (A.K.A.) CHATGPT CAN LEAD TO TERRIBLE CONSEQUENCES-A TALE FROM THE LEGAL TWILIGHT ZONE (Thanks to the 5/27/2023 New York Times)

The lawsuit began like so many others: A man named Roberto Mata sued the airline Avianca, saying he was injured when a metal serving cart struck his knee during a flight to Kennedy International Airport in New York. When Avianca … Continue reading

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THESE ARE THE INTELLECTUAL PROPERTY LAW AND CORPORATE LAW SERVICES THAT MY FIRM PROVIDES

These are the Intellectual Property Law and Corporate Law services that my firm provides: Corporate Formation We will conduct a search and advise you as to whether your proposed corporate name is also available as a domain name. We will … Continue reading

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WHO NEEDS TRADEMARKS?

Who needs trademarks? Apparently smokers do! Who would have thought the Marlboro Man could have discouraged smoking; at least of other brands! In September 2020 the journal NATURE published a study of the effectiveness of Australia’s 2012 law requiring that … Continue reading

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Trademark Applicants (and their Attorneys)-USPTO Clamps down on Procrastinators-3 Month Deadline Imposed on Responses to Office Actions

Beginning on December 3, 2022, trademark applicants will have three months (with a possible three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent … Continue reading

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OBTAINING EXCLUSIVE RIGHTS IN YOUR FASHION DESIGNS

Fashion designs can be protected through trademark law, copyright law and patent law. Trademark Law Trademark law can grant indefinite exclusive rights to a nonfunctional product design. That design cannot be the subject of a utility patent, however. If it … Continue reading

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RUSSIA ATTACKS McDONALD’S

McDonald’s is extremely popular among Russian consumers. Now its American parent has chosen to close its Russian outlets. In retaliation many of these outlets have become Uncle Vanya’s. McDonald’s trademark licenses have been expropriated and it has lost control over … Continue reading

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THE SUPPLY CHAIN FIASCO & TRADEMARK PRACTICE

The current issues involving the supply chain carries consequences for trademark applicants and registrants.  One of the biggest stories in the news lately has been the problems with the supply chain. See https://www.nytimes.com/2021/10/22/business/shortages-supply-chain.html?smid=em-share for a summary of the issues involved.  … Continue reading

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Courtesy of Frank Bruni’s 9/30/21 New York Times Column

More Mercantile Mischief Scores of you have sent me emails that flag artful, whimsical and just plain eccentric business names that currently exist or once existed. As promised, I’ll occasionally share some of those. This week’s winners: A plumbing company … Continue reading

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It’s Not Easy Being Green-Eco-Friendly Issues in Branding & Marketing

Given the notoriety of recent events indicating a changing climate, e.g., heat waves, wildfires and the like, marketers will be tempted to promote the environmental friendliness of their products. They may do this in how they brand their products, in … Continue reading

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REST IN PEACE RON POPEIL

As a trademark lawyer, I help to bring my clients’ ideas for products to market. No one was better at bringing his products to a skeptical marketplace than Ron Popeil. He died last Wednesday at the age of 86 leaving … Continue reading

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Jeff Bezos’ Journey Into I.P. Space or Amazon’s Revised Conditions of Use

A day before Jeff Bezos rode Blue Origin’s New Shepherd spacecraft on his ten minute excursion through the atmosphere to space and back I got an email advising me of Amazon’s updated Conditions of Use. [Note these were effective last … Continue reading

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Registering Your Slogan as a Trademark

Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. … Continue reading

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