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An Evil Bear May Provide High Court TM Ruling Clarification
The US Supreme Court’s recent ruling in Jack Daniel's v. VIP Products leaves unanswered questions about the intersection of the First Amendment and trademark rights, which may be answered by the reconsideration of a dismissed case involving Disney and Lotso the bear from "Toy Story 3."
Warhol Decision May Lead to Copyright Licensing Spike
Artists beware—it’s not how hard you work but how differently you use the art that really matters. In the majority decision that governs, and as such, artists and copyright owners must now keep in the forefront of their minds the potential future uses of a work when evaluating whether the new creation is fair use or unlawfully derivative.
Federal Circuit Boots Potential Circuit Split as Trademark Case Turns Ugg-ly for Australian Boot-Maker
It’s hard to deny the comfort of the plush, fur-lined boots and slippers sold under the UGG® brand. But not many are aware that the word “ugg” originated in Australia as a generic term for sheepskin boots. The term, which...
Artists Beware—Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph
In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith , 1 the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright owners. The Court held...
Willfulness Not a Prerequisite for Trademark Infringer’s Profits
U.S. Supreme Court settles circuit split over whether plaintiffs must prove willful infringement in order to recover a defendant’s profits The Supreme Court’s decision Thursday in Romag Fasteners, Inc. v. Fossil, Inc. significantly expanded the monetary relief available for trademark...
USPTO Extends Trademark And Patent Deadlines Due to Coronavirus Pandemic
As IP Offices around the world work to mitigate the impact of the global health threat, the U.S. CARES Act gives USPTO authority to extend statutory deadlines to help ease burden of IP owners affected by COVID-19 The Coronavirus Aid...
Supreme Court Strikes Down Ban on Scandalous, Immoral Trademarks
Brace yourselves – scandalous trademarks are coming! Today, in Iancu v. Brunetti , No. 18-302 (June 24, 2019), the Supreme Court struck down a provision of trademark law that bans the registration of immoral or scandalous words or symbols. In...
Supreme Court: Trademark Licenses Survive Bankruptcy Rejection
In an 8-1 decision, the Supreme Court settled a long-standing circuit split regarding the impact of bankruptcy filings on trademark licenses. Until May 20th, brand owners in some jurisdictions could use bankruptcy protections to terminate the rights of third parties...
The 411 on Section 411(a) of the Copyright Act: Supreme Court Holds That Copyright Owners Cannot File Infringement Lawsuits Until After Receiving Official Grant of Registration
Copyright owners cannot file infringement lawsuits until after the subject work has been granted registration by the U.S. Copyright Office. This unanimous decision from the Supreme Court today in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com , 17-571 (U.S. Mar...
Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings
On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB) in AIA proceedings...
Music Modernization Act Heads to Oval Office
The Music Modernization Act (MMA) is headed to the President's desk for signature following unanimous approval from the House of Representatives and the Senate. The bill, now called the "Orrin G. Hatch Music Modernization Act" ( H.R. 1551 ), provides...
Are URS and UDRP Complaints Valuable Post-GDPR?
In a post-GDPR world, it’s really important not to underestimate the value of UDRP (Uniform Dispute Resolution Policy) and URS (Uniform Rapid Suspension System) complaints. They are still going to be valuable and useful when you are pursuing domain name...
What Will GDPR Mean for Domain Name Enforcement?
Bracewell's Annie Allison shares how the post-GDPR era impacts domain name enforcement.
How Can You Protect Your Brand Online?
Bracewell's Annie Allison shares the crucial steps that companies must take to protect their brand on cyberspace.
Reminder: Re-Register Your DMCA Agent Designations Before End of Year or Risk Losing Safe Harbor Protections!
U.S. Copyright Office Goes Paperless for DMCA registered agents; All paper registrations invalid as of December 31, 2017. As you’re making your end of year lists and checking them twice, better make sure you’ve registered your company’s DMCA designated agent...