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Anthony Cartee

The ‘Deceptively Misdescriptiveness’ Rejection

The ‘Deceptively Misdescriptiveness’ Rejection There are many reasons your trademark application may be denied. One of the more unique reasons is something called “deceptively misdescriptiveness.” Your first question is probably “what does that even mean?” A mark is considered deceptively misdescriptive if it describes an ingredient, quality, characteristic, function, or feature of the goods and […]

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The “Primarily Merely a Surname” Rejection

THE “PRIMARILY MERELY A SURNAME” REJECTION You’ve submitted a trademark application and after many months, you finally receive news from the USPTO—but it’s an Office Action. There are several reasons you may receive a rejection from the USPTO for a trademark application, the most popular one being a Section 2d—“likelihood of confusion” rejection. However, there […]

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Court Rules TV-Streaming Service Provider May Seek Compulsory Copyright Licenses; Fox to Appeal

In what may be considered a surprise decision, a federal judge ruled that online television streaming service, FilmOn X, may be treated as a cable company by allowing it the same compulsory copyright licenses that broadcast companies receive. FilmOn offers content from cable companies like Fox, NBC, and the like. FilmOn captures broadcast television signals […]

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Ninth Circuit Sends Amazon back to Court to Face Trademark Infringement Claim

The Court of Appeals for the Ninth Circuit found that internet-based retail giant Amazon.com could be misleading consumers by displaying a watchmaker’s competing products when users search for its watches (read the full opinion here). Multi Time Machine Inc. (“MTM”), a luxury, military style watchmaker, brought a trademark infringement claim asserting Amazon violated its trademarks by […]

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Justin Bieber and Usher Ordered back to Court for Copyright Infringement

Pop stars Justin Bieber and Usher Raymond will be heading back to court after the Fourth Circuit for the U.S. Court of Appeals ruled that a reasonable jury may find they infringed copyrights in their 2010 hit song, “Somebody to Love.” (Read the full opinion here) The unanimous Court ruled the plaintiffs, R&B singer Devin […]

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Court Rules on Reasonableness of Copyright Licensing Fees

A federal district court in New York ruled that Broadcast Media Inc. (“BMI”) may collect 2.5% of Pandora’s total revenue in exchange for licenses to publicly perform copyrighted music. (Read the full opinion here) BMI represents music copyright holders, and licenses the right to publically perform its clients’ songs on a non-exclusive basis. Pandora is […]

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Avoiding Swiss Cheese of Copyrights, Google Prevails against “Bamboozled” Actress

A federal court of appeals reversed an earlier ruling that forced Google to remove a YouTube video portraying an actress making anti-Muslim statements.

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Second Circuit Clarifies Polo Trademark Injunction

The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the Ralph Lauren trademark.l

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Restaurateur Denied Copyright Protection for Recipes

A federal court ruled that an Ohio restaurateur’s recipes were not protectable under copyright laws. The court issued its ruling earlier this year on a motion for summary judgment, and the plaintiff has since filed her notice of appeal. (Read the full opinion here.) Rosemarie Carroll, plaintiff and owner of Cleveland restaurant, Tomaydo-Tomahhdo, sued her […]

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TTAB Decisions to have Preclusive Effect on Later Litigation

In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing preclusion for issues adjudicated by the TTAB that are “materially the […]

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Anthony Cartee, Esq.

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