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DISPARAGING TRADEMARKS: THE SKIN-NY ON THE SLANTS
When a trademark disparages identifiable groups of persons, institutions, beliefs, or national symbols, Section 2(a) of the Lanham Act 1 bars its registration. This provision has been in the Act since it was written, but became an active...
Read ArticleTHE ESSENTIALS OF DOMAIN NAME MANAGEMENT FOR COMPANIES
In the traditional scheme of intellectual property, companies tend to manage their trademark, copyright, and patent portfolios, whether in house or through outside counsel. However, it has become increasingly essential for companies to treat domain...
Read ArticleALTHOUGH HEALTHY HEMP MAY DO MANY THINGS, IT DOES NOT FUNCTION AS A TRADEMARK
In a non-precedential decision in In re French Meadow Organic Bakery LLC, Serial No 86243820 (February 4 2016), the Trademark Trial and Appeal Board (TTAB) held that HEALTHY HEMP was merely descriptive of “bakery goods; breads; tortillas; all of...
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2016: Developments in Intellectual Property Law You Should Know About
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary Patent making its debut in...
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Acquired Distinctiveness of Trademarks in the United States
Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to trademark counsel’s...
Read ArticleEuropean Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each Member State
Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s European Community trademark...
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