The Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled today that the statutory prohibition against the registration of “disparaging” trademarks violates the First Amendment. The Federal Circuit struck down a nearly 70-year-old provision in the Lanham Act’s § 2(a), writing:It is... read more
The cease and desist letter - the infamous “legal nastygram,™” is the stuff of nightmares for business owners large and small. They rock confidence, paralyze business owners who aren’t sure what to do next, and are an all around “pain in the patoosh” (technically and legally speaking, of course).So... read more
The times they are a changin’ - this month the USPTO launched a pilot program allowing, under limited circumstances, amendments to descriptions of goods/services that would otherwise improperly broaden the current scope of a registration’s description. This program is specifically designed to... read more
As reported by the BBC, the 2020 Olympic committee scrapped the Tokyo 2020 Olympics logo shown above on the left due to allegations that the logo’s designer, Kenjiro Sano, used other images as the basis for the logo. In particular, it is alleged that Sano used a design by Olivier Debie for the... read more
Did you know that July is National Ice Cream month?   To celebrate I decided that a perfect blog post is a discussion about ice cream and intellectual property litigation.  So, this post is dedicated to “ice cream, you scream, we all scream for ice cream!”   There have... read more
The Washington Redskins are becoming all too familiar with losing, both on and off the field, in recent years. While losses to division rivals may cause the Redskins faithful to lose sleep during the season, the hit delivered recently to the Washington Redskins by the Federal District Court of the... read more
          September 5, 2012, the 2nd Circuit Court of Appeals came to a decision regarding one of the most closely watched cases in trademark law, Christian Louboutin v. Yves Saint Laurent. The Court of Appeals reversed the lower court decision which stated that a... read more
Although college football is officially on hiatus until next season, the NFL is still generating controversy on the gridiron—this time in the world of trademark law. The issue arises from the Denver Broncos’ use of Texas A&M’s “12th Man” trademark during their playoff game against the Steelers... read more
Looks like Netflix is having "the best month ever."  Not only are they at risk of losing over 1 million customers in the wake of their decision to split their streaming and DVD-by-mail services into two companies--Netflix for streaming and Qwikster for DVDs--but now Netflix has the privilege... read more
This is an old video from RocketBoom – but I really have been drawn back to it the last couple of days (probably because it was rerun).  It is a cool product and the issues it raises about the interaction between branding, packaging and art really made me stop and think. My favorite quote is... read more
The “Taco Tuesday” battle exploded on Twitter, blogs, NewsOK, Fox 25 News, and even Facebook.  Taco John’s owns U.S. Trademark Registration No. 1,572,589 for the mark TACO TUESDAY (seen below).  It appears that Taco John’s attorneys sent the Oklahoma City based Iguana Mexican Grill a... read more
Such a sad story.  An independent developer and mom of two was unhappy with the features of the free Facebook client and tried to make a positive difference by creating the “Facebook Ultimate” app.  Unfortunately, the developer incorporated the term Facebook... read more
Google takes the prize for one of the best April Fools’ Day pranks of 2010.  If you haven’t heard, be sure to visit before the days end.  Also, check out The Official Google Blog for more information about their “new” company name, Topeka.  The... read more
The Ignite phenomenon is bubbling up throughout the world and it is happening within the state of Oklahoma as well (yes, even Oklahoma!) Last week was the first Ignite Tulsaevent and our own Emily Campbell dove into the fray with a talk entitled “How Not to be Waldo: Brands that Stand Out in a... read more
It’s been awhile since I’ve provided commentary on the blog but after attending a local marketing presentation, I just had to share my two cents about the event.  “Hey Emily!  What are you up to next Tuesday?  Let me tell you – I just signed you up to attend... read more