The weather turned colder, houses glow with lights, and while we may not have all the presents under the tree yet, the holiday parties are in full swing. Idle party chatter of IP lawyers at Christmas time often turns to issues of holiday trademarks and copyrights, so we thought we’d share a few IP holiday […]
Category: Blog
Flummoxed By Fame – Well-Known Marks & Flanax
The “well-known marks” doctrine (also known as the “famous marks” doctrine), protects a trademark in a country where it has never been used, so long as the mark enjoys fame and renown sufficient to cross borders. We previously discussed the well-known marks principle and the fact that U.S. courts disagree about its application in the United States. Well, thanks […]
Is That Hashtag A #Trademark?
Hastags – a pound sign followed by a word or series of words with no space between – are ubiquitous on social media. People use them to spark and continue conversation about various topics on social media platforms. But can they be trademarked? #Trademark Applications Increasingly, companies are seeking to protect hashtags as trademarks. In 2015, applicants submitted […]
Dilution of Famous Trademarks
Part 1 of this series about famous marks discussed the well-known marks doctrine. This post discusses trademark dilution. Famous Brands and Dilution Owners of famous marks can prevent others from using marks that “dilute” the famous mark under federal law. See 15 U.S.C. § 1125(c). Prior to 1996, trademark owners relied on state laws that may or […]
Coming This Fall: A Timely Copyright Dispute
The fall television season is upon us, with networks busily promoting their new shows in hopes of creating the next lucrative franchise. And new creative endeavors often bring us interesting intellectual property issues. This time, it’s a copyright dispute involving time travel. Ok, not really. But it does involve a show about time travel. […]
Trademark Tools and the Price of “Fame”
Everyone may have his or her fifteen minutes, but there’s always a price to pay for fame. For brand owners, fame brings special challenges as it brings imitators, fans, and social commentary. This is the first in a series of posts about trademark law tools that are specific to famous marks. I recently moderated a […]