Copyright Royalties To Increase in 2016

As a result of a decision made earlier this week, copyright royalties will be on the rise as of 2016—and the Copyright Royalty Board left room open to allow for a possible continuance of the cost hike over the coming years.  On Wednesday December 16, in a highly contested decision, the Board ruled that Pandora… READ MORE

An Overview of Cybersquatting Laws

Consider the following scenario: You’re a successful business owner, and you have a customer base that’s expanding daily. Recently, you decided it’s time to start a website to continue growing your business, but when you try to register your trademark as your domain name, you find out someone else already owns it. Without warning, you… READ MORE

Can the ACPA Help Victims of Domain Theft?

The Anticybersquatting Consumer Protection Act (“ACPA”) is a federal statute that creates a civil course of action under intellectual property. Specifically, the statute is for owners of certain marks pursuing civil action against registrants of domain names that can negatively impact those marks and their owners. To be successful under the ACPA, the owner of… READ MORE

A recent opinion issued by the United States Court of Appeals for the Federal Circuit could lead to the disqualification of one of the Lanham Act’s most controversial provisions. That provision is 15 U.S.C. § 1052(a), otherwise known as the “disparagement standard,” which allows the United States Patent and Trademark Office (USPTO) to reject trademark… READ MORE

Did the USPTO Make a SMART Decision? Literally, yes. The United States Patent & Trademark Office’s (USPTO) Trademark Trial and Appeal Board (the Board) just published a binding opinion holding that the applicant mark SMART BALANCE for frozen meals would not be confused with SMART ONES for frozen entrees. The Board was faced with three… READ MORE

USPTO Rejects PORNO JESUS for its Offensive Propensity On March 19, 2015, the United States Patent & Trademark Office (USPTO) denied a request to trademark PORNO JESUS by a “Christian pornographer” who produced adult-themed films in line with Christian beliefs. After the USPTO Examiner denied the Applicant’s initial request pursuant to Section 2(a) of the… READ MORE

On February 19, 2015, the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (the Board) denied the registration of the mark KARMA CRAFT BEER because it was found to be likely confused with KARMA FINE BEVERAGES. The Board’s written opinion also touched on many procedural deficiencies with the case, which reminds trademark… READ MORE

Many family businesses carry the family name. The family name comes to serve as a symbol of trust and recognition. But can you obtain federal trademark registration of your family name? Many businesses that apply for trademark registration will receive an Office Action refusing to register a mark because it is “merely a surname” under… READ MORE

The majority of Office Actions issued refuse to register marks under Section 2(d) of the Lanham Act based on a likelihood of confusion with a registered mark. Here, the examining attorney may refuse to register a mark it determines so resembles a registered mark that is likely to cause confusion, mistake, or to deceive. The… READ MORE

What Impact Does Disclaiming Material Have on My Trademark?

Trademark registration is a valuable asset and when companies invest in securing federal trademark registration, they want to obtain a full registration of the exact mark submitted. But many times businesses attempting to register a trademark and are meet with an Office Action requiring that certain components of the mark be disclaimed. In most cases… READ MORE