Jeff advises clients on the availability, registrability, and strength of proposed trademarks in both the United States and abroad, and assists clients with developing strategies for protecting and enforcing their trademark rights. He also counsels on copyright issues, and obtains copyright registrations for clients.
On June 9, 2017, Gene Simmons of Kiss rock band fame applied with the United States Patent and Trademark Office (“PTO”) to register the following mark for “Entertainment, namely, live performances by a musical artist; personal appearances by a musical artist” in Class 41: …
In a decision announced today, the Supreme Court held that Varsity Brands is entitled to assert copyright protection in two-dimensional designs featured on its cheerleading uniforms. These designs consist of various lines, chevrons, and colorful shapes. Varsity Brands had sued Star Athletica for copyright infringement,…
The Lanham Act prohibits registration on the Principal Register of a mark that is “primarily merely a surname” unless an applicant can show that the mark has acquired secondary meaning such that consumers perceive the surname as an identifier of source. 15 U.S.C. § 1052(e)(4). Alternatively,…
The Digital Millennium Copyright Act (DMCA) sets forth a mechanism through which online service providers can avail themselves of a safe harbor from copyright infringement liability by recording an agent with the Copyright Office and following notice and takedown procedures. 17 U.S.C. 512. The agent’s…
Last week we reported on the right of publicity bill being considered by the Minnesota legislature in light of the passing of musical icon, Prince. As reported by the Minneapolis Star Tribune this evening, State Representative Joe Hoppe has decided to pull the proposed PRINCE Act…
The ability to control the use of one’s name, likeness, voice, and other personal attributes is known as the right of publicity. Unlike trademarks, patents, and copyrights, which are types of intellectual property governed by federal law, the right of publicity is governed by state…
Trademarks are not only words or logos, but can come in many other forms, including sounds. In the words of the Trademark Trial and Appeal Board in the case In re Gen. Electric Broad. Co., 199 USPQ 560, 563 (TTAB 1978), sounds can function as…
As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a “notice and takedown”…
The Digital Millennium Copyright Act (DMCA), enacted in 1998, prohibits users of copyrighted works from circumventing technological measures placed on those works (e.g., encryption), subject to limited exemptions. Some of the exemptions are permanent, such as reverse engineering to ensure interoperability. Other exemptions are revisited…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...