Category Archives: News

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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IS LITIGATION A VIABLE REMEDY IN TRADEMARK DISPUTES?

Remedies in Trademark Litigation In trademark litigation, a plaintiff can: (1) potentially obtain injunctive relief, including a court order that the defendant cease its objectionable conduct, take affirmative steps to distinguish its products or services from that of the plaintiff, … Continue reading

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SUPREME COURT HOLDS NO VIOLATION OF FEDERAL ANTI-HACKING STATUTE WHERE USER WAS AUTHORIZED TO ACCESS COMPUTER BUT USED IT TO ACCESS INFORMATION FOR IMPROPER REASONS

In Van Buren v. U.S., the Supreme Court in a 6-3 decisions handed down today, held that the Computer Fraud and Abuse Act (“CFAA”) didn’t apply where a Cumming, Georgia police sergeant used the department’s computer system to access federal … Continue reading

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Beverly Hills Police Playing Copyrighted Music While Being Filmed by Citizens to Avoid Footage Being Uploaded to Social Media

Beverly Hills police are playing copyrighted music during interactions with citizens in order to block those citizens’ videos of those interactions from being uploaded to social media. See https://www.vice.com/en/article/bvxb94/is-this-beverly-hills-cop-playing-sublimes-santeria-to-avoid-being-livestreamed

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A Court Decision in Shanghai Offers A New Perspective on China’s Protection of I.P.

On December 29, 2020 the Shanghai Higher People’s Court issued a final judgment in a case involving counterfeit Lego toy products in which it sent the defendants to jail with sentences as high as six years and fines of up … Continue reading

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DIGITAL ESTATE PLANNING UPDATED

On January 29, 2013 I wrote a post entitled DIGITAL ESTATE PLANNING. See https://www.chicagotrademarkattorney.net/?s=digital+estate+planning Call this post DIGITAL ESTATE PLANNING 2.0. Since that date, effective August 12, 2016, the Illinois  Revised Uniform Fiduciary Access to Digital Assets Act came into … Continue reading

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THE LONG MARCH-OUR TRANSFER OF TECHNOLOGY AND I.P. TO CHINA

The “Long March” was the strategic retreat of the Red Army led by Mao Zedong in 1934. It has become glorified by the People’s Republic of China as an example of the Communist Party’s strength and resilience.  China has come … Continue reading

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POLITICAL BRANDING

You may have noticed that there is an election coming up, at least in the United States. So I thought that I’d write about political branding. No, I’m not referring to branding your political opponent as a/an [fill in the … Continue reading

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The Trademark Dilemma

Here’s the trademark dilemma:  The Dilemma! You own a trademark that you have used for almost twenty years. Another entity has registered a similar trademark.  The second half of both trademarks are virtually identical. The first half of both trademarks, … Continue reading

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Law in Cyberspace: A Comprehensive Legal Guide

Commerce Electronic commerce (e-commerce) law governs commerce, trade, and sales. This field of cyberspace law deals with issues such as security, contracts, and human resources. The manufacture of products and their sale can also fall under e-commerce law. Security laws … Continue reading

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Supreme Court Holds Willful Infringement of a Trademark Not Required to Obtain Defendant’s Profits

In an April 23rd decision written by Justice Neil Gorsuch the Supreme Court decided that trademark infringement did not have to be willful for a Plaintiff to be entitled to Defendant’s profits. In that case Appellee Fossil sold a variety … Continue reading

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