How does a brand determine when it needs to defend its creations? Often, it is not worth pursuing every possible instance of infringement. We have seen numerous fair use cases of copyright infringement that actually help promote the original creator. Still, there has...
Trademark
Crystal Broughan: Video Series – How much does it cost to register my trademark? – Episode 1 | Are you using it in commerce or not?
The first question many potential clients ask is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer to this question. Here are a few issues that need to be...
Where Are the Lines in Luxury Resale? False Association Ruling Favors Chanel
Have you ever bought a secondhand luxury item on a website like Poshmark or The Real Real? These resale aggregators can create an attractive commercial staging ground for consumers who are looking to buy or sell higher-end clothing, bags, and jewelry. It is a thriving...
Judge Asserts Different “Overall Feel” in Roddy Rich Copyright Suit Win
Music copyright lawsuits are interesting beasts. When an artist obtains a copyright for a particular piece of music, that copyright is intended to protect the specific composition present in the song. However, this can also apply to individual aspects of the musical...
Are Brand Trademarks Necessary for Real Estate Agents?
This week, we will venture into a niche corner of intellectual property: real estate trademarks. Although the general perception of real estate agents may be that they are individuals acting in a solo commercial capacity, like a freelancer, the intellectual property...
Unanimous TTAB Decision Regarding SPLIT DECISION
If you register your band's service mark, could someone else who has worked with your band oppose that registration? It is possible, as we see in this week’s blog post about the mark for the band Split Decision – opposition does not equal success in winning a service...
Single Letter Trademarks: a Challenge of Distinctiveness
Though it is far from a new issue, the emergence of the company X (formerly known as Twitter) has refocused the spotlight on single letter trademarks. X Corp, Elon Musk’s company, was sued by X Social Media in December 2023 for trademark infringement based on consumer...
Can Taylor Swift’s Boyfriend Register a Trademark for His Own Name?
If you are an NFL fan, chances are good that you have known the name “Travis Kelce” for a while. The Kansas City tight end is a two-time Super Bowl winner, and he has been instrumental in the rise of quarterback Patrick Mahomes to become, arguably, the best...