TheTMCA.com

USPTO Proposes Streamlined Cancellation Procedures

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…

How Much Fame Is Enough?

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…

THE DEVIL MADE ME DO IT

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:  …

Endorsement Disclosures on the Front Burner Again at the FTC

Last week, the FTC announced a Complaint and proposed settlement with two trampoline sellers, brothers Sonny and Bobby Le. The Les sold Infinity and Olympus Pro brand trampolines through three websites that touted endorsements of these two brands, while criticizing the qualities of competitive products….

P. Diddy on Instagram – No Free Pass on Copyright Law

As Biggie said “Mo Money Mo Problems” – Last month, a New York-based photojournalist filed suit again Diddy’s record label, Bad Boy Records, for posting a photo of none other than P. Diddy himself on his own Instagram account.  Social media is supposed to about…

Prince

The Artist Formerly Known As…Warhol

Lynn Goldsmith is a professional photographer who rose to fame in the 1970’s for her portrait photography, especially for her work with musicians and other entertainers.  Her work has appeared on over 100 album covers.  In 1981, Goldsmith took this publicity photo of Prince:  …