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@proofofuse
Peace and Hate at the USPTO
In the wake of the Supreme Court’s Matal v. Tam decision, which struck the disparagement clause from Section 2(a) of the U.S. Trademark Act on First Amendment grounds, applicants filed to register trademarks that previously would have been refused under the provision. Section 2(a)’s scandalous/immoral bar is on the verge of a similar fate – the Court of Appeals for the Federal Circuit (CAFC) held…
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Do Not File a Trademark Application For a Trending Rallying Cry
Do Not File a Trademark Application For a Trending Rallying Cry One of the side effects of social media has been a rise in various forms of online activism. We typically encounter it in the form of a phrase or slogan – often attached to a hashtag – used as a message to create awareness, share information and organize action around a particular cause or issue. As I write this post, the viral…
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"The name shown in the mark identifies Lawrence Peter "Berra", whose consent to register is made of record."
"Freedom Tower has a new preferred name" … "One World Trade Center is its address."
NY Post: Nonprofit sues Port Authority over ‘World Trade’ logo use
Proof of Use turned 2 today!
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Dot Horsing Around
One of the most surprising (and amusing) developments with the expansion of new generic Top Level Domains (“new gTLDs”) has been the emergence of “.horse” as the online space to spoof big brands. Here are several examples: McDonalds.horse Walmart.horse (no longer active – more on that below) TaylorSwift.horse FoxNews.horse HillaryClinton.horse Tim Lince, a reporter for World…
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TLDs and the USPTO (Case Brief: In re energy.me)
TLDs and the USPTO (Case Brief: In re energy.me) The number of top-level domains (TLDs) had been limited to 22 generic TLDs (gTLDs), e.g. “.com” “.net” and “.org”, and over 200 country code TLDs (ccTLDs), such as “.uk” “.cn” and “.de”. In late 2013, ICAAN began rolling out batches of new gTLD extensions – offering more personalized (“.guru” “.lawyer”), subject matter specific (“.bike” “.art”)…
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The Vatican claims a right of publicity on the Pope. I'm guessing it didn't bless this use.
You Can Go Home Again
You Can Go Home Again
What happens to a professional sports team’s trademark when a franchise leaves town, decides to rebrand and change its name, and the jilted city wants to bring home its former team by reviving the original trademark? It happens. Stay with me. A recent New York Times article suggests one potential scenario. In 2004, the EXPOS baseball club played their final season in…
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One World Trade Center
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It doesn't even look original (from the now cancelled "PechuSandwich" trademark registration)
First Circuit rules Chicken Sandwich is not copyrightable
Politicians have a right of publicity but they rarely bring claims (for political/public relations purposes)
All Girls
All Ramones
Where do you draw the line with tribute bands?
RockawayBitch.com
Mister Softee sues over unauthorized use of jingle, which is a registered trademark Gothamist: Mister Softee Sues Ice Cream Man For Illegal Use Of Its Trademarked Jingle
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