As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. The United States Patent and Trademark Office has maintained its refusal to register trademarks for most cannabis-based products on
Marks, Works, and Secrets
Akerman Insights on the Latest Developments in Intellectual Property Law
The "Marks, Works, and Secrets" blog, published by Akerman LLP, focuses on intellectual property law, including trademark disputes, copyright issues, and trade secrets. It covers significant court decisions affecting trademark infringement, parody in trademark law, and the extraterritorial application of trademark statutes. The blog also addresses related topics such as fair use in copyright, liability issues for social media companies regarding content, and the intersection of intellectual property with commercial and expressive uses. It provides analysis of Supreme Court rulings and their implications for businesses and legal practitioners in the IP field.
Latest from Marks, Works, and Secrets - Page 4
Prior Use Under the Pan-American Convention
The United States is a party to the General Inter-American Convention for Trade Mark and Commercial Protection of Washington, 1929 (“Pan-American Convention”), along with Colombia, Cuba, Guatemala, Haiti, Honduras, Nicaragua, Panama, Paraguay and Peru. The Pan-American Convention governs the treatment…
The Joint is Just a Music Joint, Not a Trademark
The Federal Circuit in In re JC Hospitality LLC recently affirmed the United States Patent and Trademark Office, Trademark Trial and Appeal Board’s refusal to register the service mark THE JOINT for a venue offering entertainment and restaurant services.…
Royal Palm Properties’ Trademark Gets Royal Treatment At The 11th Circuit
This trademark litigation arises out of a contentious real-estate rivalry in a very wealthy residential community called Royal Palm Yacht & Country Club in Boca Raton, Florida. It presents a comprehensive overview of standards for trademark cancellation and for appeal…
When Abandonment Isn’t Abandonment: Use of an “Abandoned” Mark by a Subsidiary
The Trademark Trial and Appeal Board (the “Board”) recently held that AT&T Mobility, LLC (“AT&T”) had sufficient interest in its almost completely moribund CINGULAR name to oppose two pending trademark applications filed by an unrelated party. AT&T Mobility, LLC v.…
Cert. Roundup:
- ABA (as amicus) Asks the Supreme Court to Adopt a Flexible Rule for Recapture of Profits in Trademark Cases
- Intellectual Property Owners Association (as amicus) Argues That a Willfulness Requirement Is Consistent with the Statute and Principles of Equity
The…
Unitary Design Mark Rescues a Phrase Which Failed To Function As A Trademark
In a recent decision on remand from the Federal Circuit, the Trademark Trial and Appeal Board (“Board”) rejected Petitioner adidas AG’s (“adidas”) claim that Respondent Christian Faith Fellowship Church (“CFFC”) abandoned its ADD A ZERO marks (both in standard character…
Cert. Roundup: Romag’s Opening Brief: Imposing a Willfulness Requirement to Recapture Profits is Inconsistent with Statute, Principles of Equity, and the Purposes of the Lanham Act
In June 2019, the United States Supreme Court granted certiorari in Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. As set forth in our previous blog post, Romag Fasteners Inc. (“Romag”) seeks to have the Court resolve a…
Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles
In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related companies…
Queen Anne’s Revenge?
In June 2019, the United States Supreme Court granted certiorari in Allen v. Cooper, No. 18-877. The case presents a question “whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act … in providing remedies for authors…