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Trademark news and analysis from the courts and the USPTO
By Scott Graham | August 30, 2017
The estate of Thelonious Monk is suing a California craft brewery for using the legendary jazz musician's name and likeness on its Brother Thelonious trappist-style ale and associated merchandise.
1 minute read
By Scott Graham | August 29, 2017
Less than three months after the U.S. Supreme Court struck down the Lanham Act's ban on disparaging trademarks, the D.C.-based appellate court was asked to decide whether "Matal v. Tam" extends to marks that use dirty words or graphics.
1 minute read
By Samantha Joseph | August 29, 2017
Real estate professionals must operate under a new legal precedent when marketing private units in properties where branded hotels also operate.
1 minute read
By Lori A. Buza and Karen Beerbower | August 28, 2017
The case of "The Slants" -- in June, the U.S. Supreme Court struck down the provision of the Lanham Act, known as the "disparagement clause," which has governed trademark registration for the past 71 years.
1 minute read
By Karen Artz Ash and Alexandra R. Caleca | August 28, 2017
Karen Artz Ash and Alexandra R. Caleca of Katten Muchin Rosenman write: Whether dressed up as the "Three Change Rule," the "Five Change Rule" or the "20% Rule," there simply is no "rule," and any designer who relies on the common misconception that making a set number of changes will circumvent infringement puts their business at risk.
1 minute read
By Meghan Tribe | August 24, 2017
Maria Scungio, co-chair of the trademark, copyright and advertising practice at Locke Lord, has left the firm to join Wolf, Greenfield & Sacks in New York. Scungio is the latest former partner at Edwards Wildman Palmer—absorbed by Locke Lord in early 2015—to leave the combined firm.
1 minute read
By Law Journal Editorial Board | August 18, 2017
With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.
1 minute read
By newyorklawjournal | New York Law Journal | August 18, 2017
Costco Must Pay Tiffany More Than $19 Million For Mark Infringement Over Engagement Rings
1 minute read
By newyorklawjournal | New York Law Journal | August 15, 2017
Infringement Suit Reopened; Enforceable Settlement Agreement Does Not Exist
1 minute read
By Andrew Denney | August 15, 2017
A federal judge in Manhattan ruled that Costco must cough up more than $19 million for selling rings under the luxury jewelry maker Tiffany's trademark, which is more than $5 million over the jury award—in profits and punitive damages—in the case handed up last year.
1 minute read
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