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Virginia’s Anti-Patent Troll Statute Got the Shad Treatment
Tuesday, October 21st, 2014
Virginia’s new anti-patent troll law got the shad treatment on its way to enactment. When I was in law school in the 80’s, I took a class on legislative drafting taught by a Virginia state senator and a politically connected law professor. That’s where I learned about the “shad treatment.” My teachers explained that the Read the full article…
The Redskins Fight On In Federal Court For Its Trademark Registrations
Tuesday, September 16th, 2014
The Redskins recently suffered a major loss that won’t cause the team to fold but still hurts its prospects. Quarterback Robert Griffin III’s dislocated left ankle? Well, that too, but I’m talking about the U.S. Patent and Trademark Office revoking several of the team’s registrations for its REDSKINS trademark, holding that the trademark is disparaging Read the full article…
Survey: Half of U.S. Trademark Registrations Are at Least Partially Illegitimate
Friday, August 1st, 2014
A recent survey revealed that about half of all federal trademark registrations are at least partially illegitimate. This illegitimacy blocks businesses from being able to obtain trademark registrations they want and discourages businesses from selecting new trademarks they prefer. The U.S. Patent and Trademark Office (“USPTO”) just released the results of a survey it conducted Read the full article…
Preserve Evidence of First Use of Your Trademark
Friday, August 1st, 2014
With trademarks, older is better. Be prepared to prove your trademark’s age. If you are in business, you probably own one or more trademarks. A product or service name usually is a trademark, and usually a business name is a trademark too. You might get into a dispute with another business over who began using Read the full article…
Be Careful Using People Pictures in Publicity
Thursday, June 19th, 2014
Posted on June 29, 2014 The news is popping with famous people suing over unauthorized use of their likenesses for profit. Former UCLA basketball player Ed O’Bannon is leading a class action lawsuit against the NCAA. He seeks a ruling that college basketball and football players should get a cut of TV revenue. Video game Read the full article…
Explaining the REDSKINS Decision
Wednesday, June 18th, 2014
Posted on June 28, 2014. Some key things to know about the recent decision to cancel federal registrations for the trademark REDSKINS, which was made by an administrative court in the U.S. Patent & Trademark Office: • The decision does not force the Redskins to change their name. You don’t need a trademark registration to Read the full article…
Islam, Redskins, Abortion, Trademarks and the First Amendment . . . Oh My!
Wednesday, May 21st, 2014
Posted on May 21, 2014. It’s been an interesting and controversial month for the relationship between trademark law and the First Amendment rights of freedom of speech and freedom of the press. In mid-May, a federal appellate court upheld a refusal by the U.S. Patent and Trademark Office (the “USPTO”) to register the trademark STOP Read the full article…
Courts Define Who Can Sue Over False Advertising and What Counts as False Advertising
Monday, April 28th, 2014
Posted on April 24, 2014. A couple of recent court decisions provided guidance on who can sue over false advertising and on whether rants on blogs or consumer review sites constitute false advertising. False advertising is when one business hurts another’s business by making false statements, such as false claims about your own product or Read the full article…
Should You Go to Law School?
Wednesday, March 19th, 2014
Posted on March 19, 2014 ‘Tis the season for acceptance letters from schools of all levels. Here are some thoughts on possibly going to law school. I base these comments not only on my own observations, but on talks with lawyers in private practice at firms of all sizes, solo attorneys, judges, government attorneys, law Read the full article…
Can You Use Your Customer’s Name and Logo on a Client List?
Wednesday, February 19th, 2014
Posted on February 19, 2014. Is it legal to use the names of your customers and their logos on a client list you show to the public? For example, can you legally have a page on your website on which you display those names and logos, to identify your customers? Technically, the law would ask Read the full article…
