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Supreme Court Vindicates Restriction on Registering Trademarks Containing Personal Names
Citing the common law right to use one’s own name commercially and to prevent others from doing so, the U.S. Supreme Court on June 13, 2024 upheld the constitutionality of a challenged restriction on trademark registration. Section 2(c) of the Lanham...
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Ninth Circuit Decision Quietly Blesses Cannabusiness Practice of Federal Trademark Registrations for Branded “Tobacco Products”
In a published decision issued April 1, 2024 (no fooling), the Ninth Circuit in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. weighed in on somewhat esoteric topics concerning whether federal courts have jurisdiction to hear challenges t...
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What Lies Ahead for Jack Daniel’s and for the Rogers Test?
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called “Bad Spaniels”, parodyin...
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Delfina Homen to Present as Part of Strafford Webinar: Trademark Licensing in the Cannabis Industry
Delfina Homen, intellectual property and cannabis attorney, will present as part of a Strafford CLE panel, “Trademark Licensing in the Cannabis Industry: Legality, Disclosure, Diligence, and Key Provisions,” on Tuesday, March 28 at 10:00 a.m.&nb...
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Jury Delivers Verdict in Closely Watched Trademark/NFT Case
A jury verdict Wednesday morning in a closely watched dispute between an iconic fashion house and a creator and seller of NFTs is a dramatic new development in the ongoing dialogue over the question “What is an expressive work and when may it incorpo...
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The Most Important Trademark Fact You Probably Don’t Know
Client: “I’ve been in business for a couple of years now, and I want to trademark my company’s name.”
Trademark Lawyer: “What do you mean you want to ‘trademark’ it?”
Client: “I want to get a trademark on it.”
Lawyer: “Do you mean you want your compa...
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