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Trademark Law

USPTO Rushing To Implement The Trademark Modernization Act

As part of the December 2020 COVID-19 relief bill/appropriations act, Congress made significant changes to the law governing trademarks. The new provisions are scheduled to go into effect by December 27, 2021, so the United States Patent and Trademark Office...

Can’t We All Just Get Along? Artist Name Dispute Is Bad PR for the Band Formerly Known as Lady Antebellum

In an attempt to lend support to the Black Lives Matter movement, the well known country artists formerly known as Lady Antebellum announced in June 2020 that they would be changing their name to Lady A. In the process, they...

A U.S. Trademark Application Requires a U.S. Attorney

What’s New? As of August 3rd, 2019 all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board proceedings - yes Canada this includes you with limited exceptions - will be required to be represented by an attorney...

What the Fuct?

Ending a nearly two year debate the Supreme Court, in Iancu v. Brunetti No. 18-302 (U.S. June 24, 2019), finally reached a decision on whether the Lanham Act provision ban on the registration of “immoral or scandalous” trademarks is constitutional…the answer is...

Federal Trademark Protection for Hemp Derived Cannabis Products Now a Possibility

2018 Farm Bill and its Impact on Trademark Law Although marijuana has become legal in many states, either medical and/or recreational, it is still illegal under federal law. According to case law and the rules of the United States Patent...

Dr. Dre, Dr. Drai, And What It Takes To Trademark Your Name

At the intersection of branding, marketing, and commerce is trademark law. These are generally corporate concepts – and so, understandably, most people think of trademarks as something that applies to companies. But what happens when an individual is the company...

The Slants’ Free Speech Victory Changes The Legal Landscape For Trademarks

It finally happened. In Matal v. Tam, the Supreme Court handed down a long-awaited decision on a major trademark case, and opened the floodgates for a lot more trademarks to be registered. In Matal, the defendant was the leader of...

The Latest in Intellectual Property Law – Big Changes Ahead

It’s that time of year when the Supreme Court hurries to clear the docket before adjourning for summer. And this spring, within the space of a week, SCOTUS issued two decisions that will have big implications for patentees, their customers,...

NFL Trademark Registration News

In an unprecedented move, the United States Patent and Trademark Office has cancelled the trademark registration of the Washington Redskins. The team name has long been disputed as being disparaging to Native Americans, and now five Native Americans have convinced...

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