» Trademark

Is A Remastered Song A “New” Song?

Performance rights under the 1971 Sound Recordings Act (an amendment to the Copyright Act) are not protected, which means that radio broadcasters essentially pay no royalties to record labels, artists, and other rights holders for playing music throu… Read More
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A Trademark Fight Over Nearly Identical Names: Is There Confusion?

AllState Insurance Company (“Allstate”) recently filed a lawsuit against Kia Motors (“Kia”) for trademark infringement over the use of the two words “drive” and “wise.”  Both companies use the words as monikers for their products. … Read More
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Yes, Colors May Be Trademarked

While it may be surprising to some, colors may be trademarked. Some examples of trademarked colors include: UPS’s “Brown,” Home Depot’s “Orange,” Target’s “Red,” 3M’s “Canary Yellow,” Coca-Cola’s “Coke Red,” “Mattel’… Read More
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Categories: Trademark

Patents and Sovereign Immunity

Recently, Allergan PLC struck a licensing deal with the Saint Regis Mohawk Native American tribe in what appears to an attempt to shield its patents for its eye drug Restasis from review at the Patent Trial and Appeal Board (“PTAB”). This agreeme… Read More
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Delta Takes On Travel Websites

In May 2016, Delta Air Lines (“Delta”) filed a federal lawsuit, Delta v. Fly Tech LLC et al., against a number of associated travel websites (Triposaver.com, Triptkt.com, Flyairs.com, Webflyts.com, and Easyflightdeals.com) (the “Websites”) wi… Read More
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Controversial USPTO Fee Rule Gets Full Federal Circuit Rehearing

In 2013, the United States Patent and Trademark Office (“USPTO”) introduced a new rule requiring applicants who appeal a USPTO decision to a federal district court to pay the USPTO’s legal bills.  This means even if the applicant wins its appe… Read More
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Video Games, Tattoos, and Copyrights – A Unique and Unsurprising Lawsuit

Last year, Solid Oak Sketches LLC (“Solid Oak”) sued video game maker Take-Two Interactive (“Take-Two”) over the use of Solid Oak’s copyrighted tattoos on the bodies of various NBA players that appear in Take-Two’s popular “NBA 2K” vi… Read More
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Beware of Trademark Scams!

You decide to start a new business. Congrats! You do all of the things you are supposed to do (the meticulous planning, research and set-up of your business entity and financial obligations) and, of course, you file one or more trademarks to protect… Read More
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Categories: Trademark

Music Sampling Protection Under Fair Use Doctrine

Music sampling consists of taking a clip, portion or “sample” of a sound recording and reusing it in an entirely separate sound recording. Music sampling likely originates from the late 1960’s, but became much more prevalent in popular music du… Read More
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Game Changer: Supreme Court Upholds Offensive Trademarks

The Slants pave the way for the Washington Redskins to win trademark battle Read More
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Categories: Trademark

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