Trademark

24Sep 2016

99 Bottles of Beer on the Wall, 99 Bottles of Beer

September 24, 2016 Adam Garson Trademark

IP lawyers like beer, at least this one does. So, we also like to write about beer trademarks. Here’s one you can drink to. The Irish Times recently reported that the city of Munich has filed a new European Union trademark application for OKTOBERFEST, hoping, we assume, to profit from licensing the name to the countless […]

05Aug 2016

#copyright; #trademark; #patents; #ip

August 5, 2016 Adam Garson Trademark

Trademarking Hashtags Originating in Twitter as a means of designating keyword search terms, the # (hashtag) has become a ubiquitous symbol of the social media age. As the political season heats up, tweeting has gone wild with political candidates and their supporters exchange 140 character barbs. This hyperactivity has spilled over to print and digital […]

29Jul 2016

Ask Dr. Copyright … Trademark Rights in ‘Thank You’

July 29, 2016 Lawrence Husick Trademark

Trademarking Thanks? Dear Doc: My Mom always taught me to be extra-polite. Growing up in the South, I learned to call my elders “Ma’am” and “Sir”, and always to say “Please” and “Thank you”. I guess that the 2Big2Fail crowd was raised differently. I just heard that CitiGroup thinks that it owns “Thank You” and […]

07Jul 2016

So What Is Craft Beer, Anyway?

July 7, 2016 Adam Garson Trademark

Over the past several years, the question of what’s a “craft beer” and who qualifies to make a craft beer has been a front and center issue among the brewing community. It started when “Macro Brewers” began making “small” batch brews such as “Blue Moon” manufactured and sold by the “Blue Moon Brewing Company,” a […]

20Jun 2016

Is State Law Still Important after the Defend Trade Secrets Act?

June 20, 2016 Robert Yarbrough Trademark

Trade secret owners have new Federal rights under the Defend Trade Secrets Act. But what about state law? Is state law still important for trade secret protection? You bet state law is still important. Trade secret owners have the same state trade secret rights that they had before the DTSA. Whenever a trade secret owner […]

31May 2016

Defend Trade Secrets Act – A New Federal Cause of Action

May 31, 2016 Adam Garson Trademark

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA” or “Act”). The bill was largely uncontroversial (imagine that), passing the Senate by an 87-0 vote and the House by a 410-2 vote. The DTSA is an important piece of legislation. It is so important that we have decided to focus our […]

08Mar 2016

Trademark Disputes Can Be So Sweeeet!

March 8, 2016 Adam Garson Trademark

In late 2013 we wrote about a trademark dispute between the Hershey Company and Mars Inc. over whether Mars had trademark rights in the cross-section of its Snickers candy bar. Hershey opposed the mark on grounds that it was merely descriptive, de jure functional, generic, and failed to function as a trademark. The cross-section of […]

29May 2015

John Wayne’s Estate and Duke U. engage in TM Dispute

Dear Doc: What’s new in your neck of the woods? Signed, Laurent Nom de Plume Dear Monsieur de Plume: It’s been a slow month for copyright law. Trademarks, however, have been a hotbed of ridiculosity. Exhibit One: John Wayne’s heirs have filed a law suit against Duke University (which was Trinity College until 1924 when […]

30Apr 2015

Trademark Trial and Appeal Board Decisions Assume New Importance Says the U.S. Supreme Court!

April 30, 2015 Adam Garson Trademark

Back in January, we were so bold as to state that “it’s not very often that the United States Supreme Court decides a trademark issue…” Well, it appears that Supreme Court pronouncements in the trademark field are more common than we thought, at least this year. On March 24, 2015, the U.S. Supreme Court, inB&B […]

30Jan 2015

The Jury System is Alive and Well: The United States Supreme Court Weighs In On a Question of Trademark Law.

January 30, 2015 Adam Garson Trademark

It’s not very often that the United States Supreme Court decides a trademark issue but this month the Supremes delivered an opinion on a question of trademark law called “tacking.” So what is “tacking?” If you know, you probably should be reading a more advanced blog, but if you don’t, tacking is a doctrine for establishing […]

Trademark

99 Bottles of Beer on the Wall, 99 Bottles of Beer

#copyright; #trademark; #patents; #ip

Ask Dr. Copyright … Trademark Rights in ‘Thank You’

So What Is Craft Beer, Anyway?

Is State Law Still Important after the Defend Trade Secrets Act?

Defend Trade Secrets Act – A New Federal Cause of Action

Trademark Disputes Can Be So Sweeeet!

John Wayne’s Estate and Duke U. engage in TM Dispute

Trademark Trial and Appeal Board Decisions Assume New Importance Says the U.S. Supreme Court!

The Jury System is Alive and Well: The United States Supreme Court Weighs In On a Question of Trademark Law.

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