With the latest rule changes having taken effect July 8, 2017, the United States Patent and Trademark Office continues its efforts to clear deadwood from the federal trademark register. Earlier this year, we reported on the PTO’s finalization of a rule allowing it to require trademark…
Is there any use of a trademark within the United States that is insufficient to support federal trademark registration? The federal trademark laws are based on the Commerce Clause of the United States Constitution, and trademark registrations granted under Section 1 of the Trademark Act…
We recently provided some commentary on Gene Simmons and his application to register the “devil horns” rock and roll hand symbol. Well, you can now KISS that application goodbye, as Mr. Simmons has expressly abandoned his federal trademark application. No details on the reason for…
In its latest effort to clear deadwood from the Trademark Register, the United States Patent and Trademark Office (“PTO”) has issued a Notice of Proposed Rulemaking that proposes an expedited version of a cancellation proceeding known as a “Streamlined Proceeding.” As described below, the proceedings…
In its recent decision in Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, the Court of Appeals for the Federal Circuit clarified the proper interpretation of the fame of the mark factor in determining whether there is a likelihood of confusion under the long-established multifactor…
You may remember, you may recall, A certain infringement suit filed last fall. It was filed by the heirs of the great Dr. Seuss, And now they’ve run smack dab into the doctrine of fair use. Let me tell you…
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: …
Last week, the U.S. Court of Appeals for the Federal Circuit provided important guidance on the standard applicable to resolving disputes over the rightful ownership of a trademark where the mark has been used by a group of individuals in an organization and there is…
When faced with a random (but very important) question, how often is our response: “I’ll google it”? Using google as a verb, similar to the above question, was at the center of a recent decision by the U.S. Court of Appeals for the Ninth Circuit…
In the UK, you can be. But the law is about to change and will become much clearer. New legislation will make life a bit easier for IP owners who seek legitimately to enforce their rights. Unjustified threats will remain actionable, but it will be…
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...