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Copyright Fair Use in the Land of Famous Potatoes

It isn’t all that often that copyright decisions get handed down by the federal district court in the great state of Idaho, so the recent decision in James Castle Collection v. Scholastic, Inc. caught our attention.  The Court’s fair use analysis caught our attention too,…

TTAB Appeal Fees – Winner Does Not Take All

We recently wrote about the decision in the federal district court for the Eastern District of Virginia, which overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable because the mark is generic.  The route of the appeal…

#TidalTuesday #UseInCommerce #RegistrationFail

A recent decision by the Trademark Trial and Appeal Board in Tidal Music AS v. The Rose Digital Entertainment LLC (Opp. No. 91232127) confirms the importance of ensuring proper use of a service mark before filing an allegation of use. The key take-away from the decision…

The End of the Line for the Dirty Dancing Case

We have previously blogged about claims brought by Lions Gate Entertainment against a TD Ameritrade ad campaign featuring the tagline “Nobody puts your old 401K in a corner.” This was an obvious and humorous allusion to the iconic line from Dirty Dancing  that “Nobody puts…

FTC Seal of Disapproval for “Selfie” Certification Marks

For many years, consumers have relied on certification marks like the Good Housekeeping Seal of Approval and the UL logo as an assurance of product quality. Administered by independent organizations, consumers reasonably expect that the certification is not biased by a financial or ownership stake…