Author: Dennis S. Prahl | Practices: , | Tags: , , , , ,

THE ZERO SUM GAME IN THE COLA WARS

In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. Although Coca-Cola was...

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INDIA’S NEW NATIONAL INTELLECTUAL PROPERTY RIGHTS POLICY

On May 12, 2016 India published its National Intellectual Property Rights Policy (National IPR Policy) to raise awareness about the importance of IPR’s as a tool for financial and economic advancement. The mission of the National IPR Policy is to...

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The Effect of The Brexit (UK Departure from EU) on IP Rights

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of leaving the European Union (EU). According to Article 50 of the Treaty on European Union (TEU), the United Kingdom will leave the EU two...

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Author: Dennis S. Prahl | Practices: , , , | Tags: , , ,

CALIFORNIA DISTRICT COURT PUTS BABY IN A CORNER

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services Co, where the Central...

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Author: Kevin Thompson | Practices: , | Tags: , ,

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...

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Author: Dennis S. Prahl | Co-Author: Matthew D. Asbell | Practices: , | Tags: , , , ,

THE 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...

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