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Law Blog
Can U.S. dairy retailers label cheese as “Gruyere” even if it is not produced in the Gruyère region of Switzerland and France? According to a recent decision from a Virginia federal court, the answer is yes — at least for now. The Virginia Court upheld an administrative decision from the Trademark Trials and Appeals Board...
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College sports is a billion-dollar game. In fact, the U.S. Department of Education estimates that college sports generate more than $14 billion dollars of revenue each year from ticket sales, TV deals, and sponsorships. But prior to 2021, only the universities and coaches were able to cash in on this billion-dollar industry. Student athletes, on...
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Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should know their legal rights when...
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Repost
Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content What’s in this article… Ask For PermissionGive Credit To The Copyright OwnerUse A Repost AppFair Use Social media sites like Facebook, Instagram, TikTok, or Pinterest present a variety of complicated (and sometimes frustrating) copyright issues for users.  Social media content often involves copyrighted music,...
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The Accidental Franchise
The Accidental Franchise: Trademark Licensing and the Dangers of Overreach What’s in this article… When Might A Franchise Be Formed?What’s The Difference?Why Does The Franchise Vs. License Distinction Matter?How Is A Franchise Created?How Can A Franchise Be Avoided? The word “franchise” likely brings to mind big brands like McDonald’s, Dunkin’, 7-Eleven, or Taco Bell, among...
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A Rose By Any Other Name … But Likely Not a Trademark What’s in this article… Can You Trademark A Plant?Real World Trademark Cases Involving How Can You Proctect Your Plant IP Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have...
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SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S....
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Trademark Ornamental Refusals - What to Consider
Trademark Ornamental Refusals – What to Consider Sometimes, the USPTO will issue eccentric and unusual refusals to a trademark application. One such refusal is called an ornamental refusal. If you receive a trademark ornamental refusals, it means your registration of your applied-for mark has been refused because your mark is essentially merely decorative. That is,...
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Supplemental Registration - Pros & Cons - Online Retailers
Pitfalls & Benefits of Owning a Supplemental Registration it you are an Online Retailer. Supplemental Registration – The United States has two trademark registers: the Principal Register and the Supplemental Register. Online retailers, most notably Amazon’s brand registry, have primarily given preference to the Principal Register. This is because registration on the Principal Register affords...
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Unpaid Invoice
LEGAL CONSIDERATIONS DURING COVID-19 PANDEMIC: CONTRACTUAL AGREEMENTS AND FORCE MAJEURE With the onset of the COVID-19 pandemic, there is increasing disruption to supply chains for buyers and sellers of goods. From unpaid invoices to the inability to fulfill an order, your business may be dealing with issues that are increasingly becoming more common. It is...
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