Section 2(a) of the Lanham Act prohibiting the federal trademark registration of disparaging marks was recently held to violate the 1st Amendment freedom of speech protections by the Federal Circuit Court in “In Re Tam.” The mark refused registration is the name of an Asian-American rock band called “The Slants.” Though the band’s lead singer, … More “Disparaging” Trademark Meets Commercial Speech Protections
On April 27, I had the pleasure speaking at the Ferguson Library in Stamford as part of SCORE’s “Intellectual Property: What You Need To Know” Program. SCORE’s Fairfield County Chapter is an excellent resource for entrepreneurs seeking advice and mentoring about business issues. Of course the takeaway from my part of the presentation was that … More IP Trademark Presentation Stamford, CT
Originally posted on Statute of RyAnne:
I often get questions along the lines of, “Can I do this myself?” Most recently the questions center around, “Can I attempt a trademark registration of my name/logo/brand?” Admittedly, I do play for Team Lawyer; however, even if I did not play for the team, I would still answer…
Corporate Tax reform is a shifty goal. Companies seek to lower the 35% rate while suggesting the other guy’s deductions be eliminated. As the NYT reported today, Facebook received a substantial tax deduction on Founder Mark Zuckerbergs cashless exercise of options…. Facebook is the classic example. Its co-founder, Mark Zuckerberg, had options to buy stock … More Facebook’s Windfall
Brand development requires distinctive marks used to identify your goods or services. Registration of these marks with the United States Patent and Trademark Office ” USPTO” confers a number of benefits. Here are some of the most important. 1. Exclusive Nationwide use of the trademarks for branding and building sales through advertising and marketing, therefore … More Top Ten Trademark Registration Benefits
Last week I addressed fair use as an exception to copyright infringement. Among the situations that gave rise to fair use were those deemed transformative. What is a transformative work? As the copyright statute suggests, it is an important consideration that the work neither diminish the value nor damage the market for the original or its … More Kia Soul Hamsters are Funny and Transformative
Copyright Law sets forth an exception to infringement for fair use. But what is a fair use is often confusing. Circumstances often dictate the extent to which this exception is applied. The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use
Oftentimes my clients express confusion as to what exactly a trademark does or does not do for them in business. As defined by statute, a trademark includes any word, name, symbol, or device, or any combination thereof (1) used by a person, or (2) which a person has a bona fide intention to use in commerce….to identify and … More Five Reasons Trademark Law Can Be Confusing
An interesting 1st Circuit opinion extended a hotel’s common law trademark into territory encroaching upon an incontestable junior registered mark of a competing hotel. In the case of Dorpan, S.L. v. Hotel Melià, Inc., Dorpan, a European hotel chain using the brand, Sol Melia, as a registered trademark faced off with the Hotel Melia “HMI” located … More Extending Use Under Trademark Law
A long simmering feud between Authors and Google resulting from its library scanning project was resolved when the US District Court in New York decided in Google’s favor dismissing the authors’ lawsuit. The scanning involved whole materials, but only made snippets available to the public through Google search. The Court found this mechanism to be … More Google Scans Win Court Approval
William Tennant 
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