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Features

The Trademark That Got His Goat Image

The Trademark That Got His Goat

Mary A. Donovan

In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.

Features

When Are Short Phrases in Songs Protectable? Image

When Are Short Phrases in Songs Protectable?

Robert W. Clarida & Robert J. Bernstein

It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."

Columns & Departments

IP News Image

IP News

Anthony H. Cataldo

U.S. Supreme Court to Hear Booking.com Trademark Case

Features

Exploring the Nebulous Boundaries of Trade Dress Image

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli 

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Features

Seeing Green: Protecting Brands In the Cannabis Industry Image

Seeing Green: Protecting Brands In the Cannabis Industry

David S. Gold

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

Features

SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement Image

SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement

Norman C. Simon & Patrick J. Campbell

The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute

Features

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks Image

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks

Brian R. Michalek

In the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.

Features

Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee Image

Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee

Mark Page

Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."

Features

Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment Image

Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment

Peter Kidd

Iancu v. Brunetti The Supreme Court held the bar against registration of immoral or scandalous marks "collided" with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.

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