Trademark Law

By Dianne Smith-Misemer The U.S. Supreme Court has clarified that a trademark infringement plaintiff need not show willfulness to recover defendant's profits, resolving a long circuit split on the issue. The plain language of the Lanham Act, 15 U.S.C. § 1117, makes no...

The U.S. Patent and Trademark Office ("PTO") announced that it is extending the time to file certain documents or fees if a person is unable to meet the deadline due to the COVID-19 pandemic.Certain deadlines related to Patent or Trademark prosecution falling between...

The U.S. Trademark Office has released its new Examination Guide (available here). Among other changes, the new rules require applicants and registrants to provide an email address, with limited exceptions.Effective February 15, 2020, applicants, registrants, and...

We discussed the issue of the immoral, scandalous or deceptive trademarks back in January when the Supreme Court announced it would hear the case involving the FUCT clothing line’s attempt to trademark its brand and products since 2012. The case (Iancu v....

Disney has faced lawsuits in the past regarding its movies allegedly stealing plot lines, dialogue, or likenesses. Despite these lawsuits, the company has a strong record of successfully defending itself. It was most recently in court when two writers claimed that...

General Motors (GM) and the American Automobile Association (AAA) usually are not at odds. However, the two organizations have found themselves in federal court over the use of new car-sharing service that both have rolled out. AAA launched GIG in April...

These days artists and bands, old and new, can make good money licensing their music to ads, movies, and video games. But the real cash cow is touring and playing live. This is particularly the case for older bands whose fans are used to spending money on music and...

The United States Patent and Trademark Office (USPTO) recently released a report entitled “Progress and Potential: A profile of women inventors on U.S. patents.” The study examines trends and characteristics of among women inventors granted U.S. patents...

Many will fondly recall the glass-topped Mold-A-Rama machines found at museums, zoos and arcades. These machines inject melted plastic into two molds, which are then combined to create dolphins, dinosaurs and other toys while young customers eagerly watch. The...

Many will no doubt remember the geeky Carlton character from the Fresh Prince of Bel-Air. While actor Alfonso Ribeiro (who played Carlton) still enjoys the fruits of his labors thanks to residuals of a show that starred Will Smith, Ribeiro has now filed a suit against...