Today, the USPTO made it official: It formally requested the U.S. Supreme Court to review the en banc Federal Circuit decision that held Section 2(a) of the Lanham Act violated the First Amendment. The USPTO’s Petition can be found here. At issue in the case…
A recent precedential Trademark Trial and Appeal Board decision provides valuable guidance on the proper allocation of trademark registration ownership as between a corporate parent and a subsidiary, highlighting the perils of identifying the wrong entity as the owner. A trademark is not required to…
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…
In honor of Tax Day 2016, The TMCA provides a brief overview of the challenges of transferring intellectual property offshore, as well as early planning opportunities available to avoid these challenges. Intellectual property is essential in today’s technology-driven society. U.S. companies that create, develop and…
The case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. showcases an unusual clash between a federal judge and the Trademark Trial and Appeal Board (“TTAB”). The issue: if the parties…
With the 2016 Masters Golf Championship underway, we thought it would be interesting to examine the IP portfolio of golf putter maker Scotty Cameron. Most folks who have played a round or two of golf have probably heard the saying “Drive for show, putt for…
Late last year, Simon Tam and his legal team scored a big-time victory: they convinced the U.S. Federal Circuit Court of Appeals (sitting en banc) that Section 2(a) of the Lanham Act violated the First Amendment. The Court remanded the case to the TTAB for…
Can merely licensing a trademark result in strict liability for injuries resulting from a product bearing the trademark? A decision earlier this month says no. In Shukrullo Dzhunaydov v. Emerson Elec. Co., et al., No. 12-CV-2188, 2016 BL 82209 (E.D.N.Y Mar. 17, 2016), plaintiff Dzhunaydov…
Many online businesses prefer to use domain names that communicate as clearly and concisely as possible the types of goods and services offered on their websites. That may be good marketing strategy. But as a recent decision of the Trademark Trial and Appeal Board demonstrates,…
It’s a wonderfully maddening time of year. “Selection Sunday” (all 2+ hours of it!) is in the rear view mirror, collegiate teams are scurrying off for their opening games, and millions of basketball fans are spending countless work hours filling out those brackets. Ah, March…
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...