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The Department of Commerce recently filed several applications to register the United States Patent and Trademark Office’s (USPTO) trademarks in an ongoing effort to counter scam solicitations of Trademark owners. As anyone who has ever filed a federal Trademark...
Partner Cheryl Burbach is featured in the current Americas Women Magazine, Kansas City Edition. Don't miss her interview where she answers questions on many topics that span her professional journey, her philosophy regarding working with clients, as well as advice for...
By Michele Hufferd On December 27, 2020, Congress enacted the U.S. Trademark Modernization Act (H.R. 6196) as part of the most recent Covid relief bill. The Act amends the Trademark (Lanham) Act in three ways: The Act clarifies the evidentiary burden to obtain an...
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...
