On Monday this week, a sports psychologist named Keith Bell sued King’s College in Pennsylvania and its football coach, Jeffery Knarr, for retweeting a photo of a page of Dr. Bell’s book “Winning Isn’t Normal.” In his complaint, Dr. Bell alleged copyright infringement, trademark infringement continue reading...
Last month we reported on the Federal Circuit decision in Earnhardt v. Earnhardt, vacating and remanding the TTAB’s dismissal of the opposition by Teresa Earnhardt (widow of Dale Earnhardt) to the “Earnhardt Collection” trademark application filed by her stepson Kerry Earnhardt. On remand, the Court continue reading...
A recent decision out of the federal district court for the Eastern District of Virginia overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable on the basis that the mark is generic. Judge Brinkema presided over the continue reading...
On July 27, 2017, the Federal Circuit decided Earnhardt v. Earnhardt, a trademark collision between two relatives of the famous race car driver, Dale Earnhardt. The case involved an appeal from a TTAB decision between Teresa Earnhardt, widow of Dale Earnhardt, who holds a portfolio continue reading...
On August 3, 2017, the shoe manufacturer Adidas scored important legal victories in its long-running trademark dispute with the shoemaker Skechers. Adidas America, Inc. et al. v. Skechers USA, Inc. (D. Or. 2017) involved trademark infringement allegations by Adidas related to its iconic three-stripe logo, continue reading...
A recent Trademark Trial and Appeal Board decision sustained an opposition based on the applicant’s failure to identify a co-owner at the time the application was filed, resulting in the application being declared void ab initio. Pynk Branded, LLC v. BleuLife Media & Entertainment, Inc. (TTAB continue reading...
When two different companies adopt confusingly similar trademarks and use them in different parts of the United States, complications ensue. The adjudication of the respective rights of the parties will depend on the geographic extent to which the marks have become known to customers and continue reading...
With the latest rule changes having taken effect July 8, 2017, the United States Patent and Trademark Office continues its efforts to clear deadwood from the federal trademark register. Earlier this year, we reported on the PTO’s finalization of a rule allowing it to require trademark continue reading...
Is there any use of a trademark within the United States that is insufficient to support federal trademark registration? The federal trademark laws are based on the Commerce Clause of the United States Constitution, and trademark registrations granted under Section 1 of the Trademark Act continue reading...
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...
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...
