In a highly anticipated ruling, the Supreme Court of the United States recently held that the disparagement clause of federal trademark law violates the First Amendment. This disparagement clause refused federal trademark registration for trademarks that are likely to disparage people, institutions, or beliefs. All eight participating justices agreed that trademarks are private, not government, […]
Category: Trademark Spotlight
Who’s First in Trademark
In the United States, trademark rights generally go to the first to use a mark in commerce as opposed to the first to file a mark with the trademark office. But what does that really mean? A recent trademark dispute case, Nexsan v. EMC, made headlines because it seemed to turn that basic premise on […]
Holly Jolly IP Holiday
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 […]
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 […]