» 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

Pandora Media's "P" Logo Allegedly Confusing PayPal Customers

PayPal Inc. recently filed a lawsuit against Pandora Media Inc., a music streaming company, for copying the style of PayPal’s “P” logo. On the surface, one might ask, why would anyone confuse an online payment service provider with an Internet… Read More
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Categories: Internet, Trademark

Did I Settle the Case Even Though I Didn’t Sign a Settlement Agreement?

In a patent infringement case filed in February 2016 in the Eastern District of Texas by Neurovision Medical Products, Inc. against Medtronic, Inc., the parties attended a mediation in December 2016 in an unsuccessful effort to settle the case. The p… Read More
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An Award of Exceptional Case Fees Under the Patent Act for an Appeal

On top of $2 million in attorneys’ fees and over $4 million in trebled damages, MGA Entertainment, Inc. (the maker of Bratz dolls) has to pay Innovention Toys LLC’s attorneys’ fees for appellate proceedings that went to the Federal Circuit Cour… Read More
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Copyright Law and Pre-1972 Sound Recordings: The Need for Legal Uniformity

Music and sound recordings are a major artistic medium that play a role in everyday life. We hear music in a number of different ways; on the radio for personal enjoyment, as theme songs for television programs and movies, during sporting events, as… Read More
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NCAA Fights to Protect Its “Madness” Trademark

Even if you are not a college basketball fan, you probably have heard of “March Madness.” Every year in mid-March, sixty-eight (68) men’s college basketball teams from numerous major and mid-major athletic conferences from across the United Sta… Read More
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Categories: Trademark

Beer and Breweries: A Growing Business, a Trademark Extravaganza

During the past several years, there has been a significant increase in the number of new craft breweries established in the United States. The nearly 40% growth has resulted in over 4,000 brewery-associated businesses nationwide. With such staggerin… Read More
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Categories: Trademark

Trademark Political Correctness – Revisited

For decades, the U.S. Patent and Trademark Office (USPTO) has had the authority to cancel and ban offensive trademark registrations. The USPTO is granted its authority to cancel and ban offensive trademarks in Section 2(a) of the Lanham Act. One of t… Read More
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Categories: Trademark

Parody Bag Safe From Louis Vuitton

Designer Tara Martin launched the “My Other Bag” handbag line in 2011. Her canvas tote bags say “My Other Bag…” on one side, and the other side contains a drawing or image of a high-end designer handbag, such as Louis Vuitton. The My Other… Read More
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