The phrase “make your mark on history” is a commonplace one with several meanings and connotations.
It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact...more
The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has...more
6/19/2023
/ CAFC ,
Certiorari ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
As I recently noted in an article on trademarks in the U.S. and internationally, Metro-Goldin-Mayer and Pennsylvania State University are two entities in different, yet related, channels of trade (sports and entertainment,...more
So, there you go—Metro Goldwyn Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution. They are marketed through different, yet related,...more
The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.” If that be the case, and I think it is, then the subtitle implies the question this piece will address. That question...more
There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more
3/13/2019
/ Asset Seizure ,
Collective Marks ,
Constitutional Challenges ,
Criminal Convictions ,
Criminal Forfeiture ,
Criminal Proceeds ,
Due Process ,
First Amendment ,
Freedom of Association ,
Freedom of Expression ,
Indictments ,
Intellectual Property Protection ,
Jury Verdicts ,
Motorcycle Clubs ,
Murder ,
Plea Agreements ,
RICO ,
Sentencing Enhancements ,
Service Marks ,
Trademark Registration ,
Trademarks ,
Unincorporated Associations ,
USPTO