Intellectual Property Blog

Monthly Archives from July 2022

IP vs. First Amendment: Vans Sues for Trademark Infringement Over “Wavy Baby” Sneakers

In the most recent chapter of a suit brought by Vans against MSCHF – which labels itself as more of an “art collective” than a “company” – and collaborator Tyga, rapper and shoe designer, MSCHF is claiming that their very-similar-to-Vans shoes are protected by the First Amendment.  In April, Vans sued the Brooklyn-based MSCHF for trademark infringement, dilution, unfair competition, and false designation of origin. This is not MSCHF’s first infringement rodeo. They sold a […]

Continue Reading

Bakery Gives Up the Mochi Muffin Trademark

In Berkeley, CA, Third Culture Bakery recently released its trademark on the baked good “mochi muffin.” The bakery’s legal representation had sent cease-and-desist letters to several other bakeries in the area that served mochi muffins. Public backlash via social media and online reviews (like Yelp) motivated the bakery to step down. The main point of contention: A mochi muffin is simply a type of baked good – like a blueberry or bran muffin – not […]

Continue Reading

How Does the 240-day Employment Authorization Extension Work?

When an employer timely files a petition for an employee in H-1B, H-1B1, L-1, O-1, E-3 or TN status to extend his/her employment in the same status, the employee may continue to work for the same employer for an additional 240 days beyond the expiration of their current status, while the petition is pending adjudication (it does not need to be approved) or until USCIS adjudicates the case, whichever is sooner. To qualify for the […]

Continue Reading

Fraud in the World of Trademark Registrations

This past week, my law firm received documents from the “Patent & Trademark Bureau,” located in Huntington Valley, Pennsylvania, stating that our law firm’s trademarks were scheduled for renewal. The document listed the wrong renewal date and instructed that the renewal fee would be $1250. You can view the document here. As a trademark attorney, I immediately knew that the document was a fraudulent solicitation from a third party. The USPTO website lists the Patent & […]

Continue Reading

The Copyright Struggle Over Lakota Written Language

Is there a space for communal ownership in U.S. copyright law? And what purpose would it serve? In May of this year, Standing Rock banned the Lakota Language Consortium (LLC), The Language Conservancy, and their founders, Wilhelm Meya and Jan Ullrich from the reservation.  The North and South Dakota Indian Reservation serves as a primary place of residence for many members of Dakota and Lakota tribe sects, which are sub-groups of the Great Sioux Nation.  […]

Continue Reading

Postpone Your Vegas Elvis Wedding Until ABG Resolves Its Trademark Battle

Once you register a trademark for your business, how guarded should you be over its usage? The answer would seem like a no-brainer: “Always protect your mark!” But it really depends on the size of your business and how your mark draws its power. Authentic Brands Group (ABG) – owner of the Elvis trademark catalog along with other stars like Marilyn Monroe and Muhammad Ali – has become a recent example of sudden, aggressive trademark […]

Continue Reading