Category Archives: News

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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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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