By: Zach Schroeder and David Barker To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent. 15 U.S.C. § 1052(c). The United States Patent and Trademark Office (“USPTO”) is currently faced with a novel question of whether individuals can revoke their consent after issuance […]
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By: Emily R. Parker and David G. Barker The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale of a single t-shirt, were insufficient to create personal jurisdiction in the state of Missouri. BASIC is […]
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By Andrew S. Green and David G. Barker The Ninth Circuit affirmed a preliminary injunction in favor of AK Futures LLC (“AK Futures”), a manufacturer of e-cigarette and vaping products, against Boyd Street Distro, LLC (“Boyd Street”), a Los Angeles-based storefront and smoke product wholesaler that had allegedly been selling counterfeit versions of AK Futures’ […]
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By Deborah A. Gubernick and Michelle Emeterio Please click here to see the article.
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Please click here to see the article.
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By Deborah Gubernick and Gabrielle Morlock In this era of social media and image sharing, it is not uncommon for account holders to make their profiles public in attempt to garner as many followers and as much attention as possible. Social media platforms can be a form of relatively low-cost personal and corporate advertising. However, […]
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By Emily R. Parker* and David G. Barker The U.S. Supreme Court recently held in Mission Product Holdings v. Tempnology that a trademark licensor cannot revoke the right of a licensee to use a trademark by terminating a license agreement in bankruptcy. Mission licensed a trademark from Tempnology, which terminated the license after filing bankruptcy […]
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By Rachael Peters Pugel and David G. Barker On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc., Efficient Frontiers alleged that Reserve Media, a restaurant technology startup, infringed its […]
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By Robert A. Clarke and David G. Barker The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark infringement claims. The plaintiff in Applied Underwriters v. Lichtenegger offers workers’ compensation insurance to employers […]
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By Shalayne Pillar and David G. Barker On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent and Trademark Office’s (“USPTO’s”) denial of trademark registration for the word “Fuct,” […]
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