TheTMCA.com

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably featur[ing] Plaintiffs’ murals” as “the centerpiece of a marketing campaign for their Spring/Summer 2017 line [ ] without Plaintiffs’ continue reading...

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His Entire ****ing Family”

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision overturning the firing of an employee who engaged in a highly continue reading...

KISS That Trademark Application Goodbye

We recently provided some commentary on Gene Simmons and his application to register the “devil horns” rock and roll hand symbol.  Well, you can now KISS that application goodbye, as Mr. Simmons has expressly abandoned his federal trademark application.  No details on the reason for continue reading...

USPTO Proposes Streamlined Cancellation Procedures

In its latest effort to clear deadwood from the Trademark Register, the United States Patent and Trademark Office (“PTO”) has issued a Notice of Proposed Rulemaking that proposes an expedited version of a cancellation proceeding known as a “Streamlined Proceeding.”  As described below, the proceedings continue reading...

How Much Fame Is Enough?

In its recent decision in Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, the Court of Appeals for the Federal Circuit clarified the proper interpretation of the fame of the  mark factor in determining whether there is a likelihood of confusion under the long-established multifactor continue reading...