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Trademark Blog

Trademark and copyright litigation and counseling

Last Build Date: Tue, 14 Feb 2017 15:31:20 +0000


Topic Outline For My Trademark Talk Tomorrow at the Federal Bar Council

Tue, 14 Feb 2017 15:31:20 +0000

Here is the topic outline for my “trademarks in review” talk tomorrow night for the IP Committee of the Federal Bar Council. Watch this space for links to reference materials. I. Failure to function as a mark (I BELIEVE THAT WE WILL WIN) II. Use in Interstate Commerce (ADD A ZERO) III. Irreparable Harm/Delay (AT&T […]

Judge Richard J. Daronco

Sat, 11 Feb 2017 16:03:40 +0000

Judge Richard J. Daronco was our trial advocacy professor in law school (he had been elevated to the District Court the year before and was continuing to teach as an adjunct). We were lucky. Once, one of us was flailing about trying to argue something, and he couldn’t control himself.  He jumped from behind the […]

Text of TTAB Opposition to GRUYERE Certification Mark

Mon, 30 Jan 2017 19:55:13 +0000

Various producers of GRUYERE cheese are opposing an application for GRUYERE as a certification mark by Switzerland’s Interprofession du Gruyère and France’s Syndicat Interprofessionnel du Gruyère. The term “certification mark” means any word, name, symbol, or device, or any combination thereof– (1) used by a person other than its owner, or (2) which its owner […]

SDNY: TheScore v ScoreStream

Mon, 30 Jan 2017 18:06:26 +0000

TheScore provides online sports daata and news, while SocreSTream pro “allows you to quickly score games and share sport scores with friends and family.”

Read the Complaint in CREW v Trump (Emoluments)

Mon, 23 Jan 2017 18:42:21 +0000

Times coverage here. Fox News coverage here.

Text of Updated Antitrust Guidelines for the Licensing of IP

Fri, 20 Jan 2017 16:34:12 +0000

FTC press release on updated Antitrust IP licensing guidelines. National Law Review comments on updated guidelines for the Licensing of IP.

Transcript of Oral Argument in In Re Tam

Wed, 18 Jan 2017 20:21:48 +0000

In Which I Help Light The World’s Largest Menorah ™

Thu, 12 Jan 2017 19:10:52 +0000

The Lubavitcher Youth Organization is a social services organization associated with Chabad, a Jewish Hasidic movement. Since 1977, it has organized the lighting of the World’s Largest Menorah ™ in Manhattan at 59th and Fifth. The menorah is 20 cubits tall. A cubit, as we all know, is a biblical unit of measure based on […]

$102, which includes $2 for Credit Cards vs. $102, with a $2 Discount for Cash – SCOTUS Oral Argument Transcript

Wed, 11 Jan 2017 19:08:46 +0000

From blog post by Jane Yakowitz frames the issue in Expressions Hair Design v. Schneiderman (heard yesterday by SCOTUS) as follows: Imagine an electronics store in New York needs to recoup $100 on the sale of a television. If the store owner labels the television with a sticker price of “$100 plus $2 for credit […]

Plaintiff Alleges Photo of Her Earned $2.2 Billion for Chipotle and Now She Wants That Money Back

Wed, 11 Jan 2017 16:55:24 +0000

A woman whose picture was taken in a Chipotle Restaurant, has sued Chipotle for displaying the photo without her authorization (and editing in a glass of alcohol in front of her). She seeks $750 in actual damages and another $2.2 billion in punitive damages. Blurry copy of photo seems to be Exhibit A of Complaint. […]