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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Authors: John Richards, | Practices: , , , , , , , , , , | Tags: , , , , , , , , , , , , , , ,

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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Author: Matthew D. Asbell | Practices: | Tags: , ,

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...

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

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

On July 8, 2015, the United States District Court for the Eastern District of Virginia, in Pro-Football, Inc. v. Amanda Blackhorse, et al.1, affirmed the TTAB’s decision to cancel the six Redskins trademarks from Federal Registration, finding that...

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