An interview with Mike Keyes, Partner at Dorsey by Richard Hsu...more
In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more
You may remember, you may recall,
A certain infringement suit filed last fall.
It was filed by the heirs of the great Dr. Seuss,
And now they’ve run smack dab into the doctrine of fair use....more
The NCAA has a well-deserved reputation for being quite zealous when it comes to protecting its registered trademark “March Madness.” We previously blogged about this here at TheTMCA.com. But a recent opposition filed by the...more
In a previous post we discussed what SpongeBob SquarePants can teach us about trademark licensing. Now, more IP lessons are bubbling up from the fathoms below thanks to our absorbent, yellow and porous friend. ...more
1/13/2017
/ Dilution ,
IP License ,
Lanham Act ,
Nickelodeon ,
Secondary Meaning ,
Service Marks ,
Summary Judgment ,
Trademark Infringement ,
Trademarks ,
Viacom ,
Young Lawyers
In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more
11/1/2016
/ Abuse of Discretion ,
Attorney's Fees ,
Corporate Counsel ,
De Novo Standard of Review ,
Exceptional Case ,
Fee-Shifting ,
Highmark v. Allcare ,
Lanham Act ,
Octane Fitness v. ICON ,
Patent Infringement ,
Popular ,
Prevailing Party ,
Young Lawyers
While many were focused on “The Big Dance” on March 17, 2016, the 9th Circuit Court of Appeals did some “dancing” of its own. The Court issued a revised opinion in Lenz v. Universal and thereby amended what has been referred...more
3/18/2016
/ Algorithms ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
DMCA ,
Fair Use ,
Good Faith ,
Online Videos ,
Takedown Notices ,
Universal ,
Young Lawyers
It turns out that SpongeBob Squarepants is more than just an absorbent, yellow and porous cartoon character who lives in a pineapple under the sea. He can also teach us an important lesson about trademark licensing and...more
Many professional athletes these days—particularly those in the National Basketball Association—have their bodies bedecked with all sorts of tattoos. It’s a trend that has steadily caught fire over the last several years...more
Maya Hayuk is a Brooklyn artist known for her vivid murals that use a variety of geometric shapes punctuated by bright hues and layers of dripping paint. In June of 2015, Hayuk filed a complaint against Starbucks on copyright...more
Various media outlets were abuzz recently about how Marshawn Lynch received a federal trademark registration for “I’m Just Here So I Won’t Get Fined” for t-shirts and other apparel items. He uttered that phrase more than 20...more
The U.S. Court of Appeals for the Federal Circuit has just gone where no other court has gone before. In a tour-de-force judicial opinion, the Court emphatically held that a small sliver of the Lanham Act—the “disparaging...more