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CLEVELAND INDIANS TO DISCONTINUE USE OF CHIEF WAHOO ON PLAYER UNIFORMS; LIMITED USE OF THE LOGO TO CONTINUE IN ORDER TO PRESERVE FEDERAL TRADEMARK RIGHTS

Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief Wahoo” logo on player...

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Author: Danielle Weitzman | Practices: , | Tags: , , , , , , ,

WASHINGTON REDSKINS’ US TRADEMARK REGISTRATIONS REINSTATED BY THE FOURTH CIRCUIT

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in light of the Supreme...

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Authors: Bharati Bakshani, Sebastian Lovera Riso, Dennis S. Prahl, Matthew D. Asbell | Practices: | Tags: , , ,

What qualifies as acceptable Use in U.S. Commerce?

The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S. Commerce”....

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Authors: Bharati Bakshani, Dennis S. Prahl, Matthew D. Asbell, Sebastian Lovera Riso | Categories: | Tags: , , ,

Allegations of Use in U.S. Trademark Applications Based on Intent to Use

“Intent to use” (“ITU”) trademark applications must be successfully amended to allege use in U.S. Commerce before proceeding to registration. The applicant has six months from the issuance of a Notice of Allowance (“NOA”) or any...

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Authors: Matthew D. Asbell, John Heinbockel | Practices: | Tags: , , , ,

“So, Your U.S. Trademark Registration is Being Audited”

The USPTO implemented a program in March 2017 to audit trademark maintenance and renewal filings for the purpose of ensuring that trademark registrations were not being maintained in connection with goods and services for which the marks are no...

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Author: Matthew D. Asbell | Co-Author: John Heinbockel | Practices: , , | Tags: , , , , ,

GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC

In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern District of Virginia has overturned a finding by the...

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