TheTMCA.com

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...

THE DEVIL MADE ME DO IT

On June 9, 2017, Gene Simmons of Kiss rock band fame applied with the United States Patent and Trademark Office (“PTO”) to register the following mark for “Entertainment, namely, live performances by a musical artist; personal appearances by a musical artist” in Class 41:   continue reading...

Prince

The Artist Formerly Known As…Warhol

Lynn Goldsmith is a professional photographer who rose to fame in the 1970’s for her portrait photography, especially for her work with musicians and other entertainers.  Her work has appeared on over 100 album covers.  In 1981, Goldsmith took this publicity photo of Prince:   continue reading...