Category Archives: Trademark Law

How to Avoid Bearing The Risks of A Naked License

Trademark Law, , , ,

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

Trademark Law, , ,

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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The Supreme Court Limits the Reach of The Lanham Act

IP Litigation, Trademark Law, , , ,

The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight

Manufacturing IP, Trademark Law, , ,

The U.S. Supreme Court provided clarification on the application of the Rogers test in relation to Jack Daniels v. VIP Products. Scott Hervey and Jamie Lincenberg talk about this ruling on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

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USPTO Suspends Applications Including Criticisms of Known Living Figures

Trademark Law

The U.S. Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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The Protectability of Short Phrases

Entertainment IP, Trademark Law

While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

 

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No Beating Around the Bush: TTAB Upholds Anti-Pot Policy

IP Litigation, Trademark Law

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal

Trademark Law

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

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Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark

Trademark Law, ,

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

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SCOTUS Hears Arguments in VIP Products V. Jack Daniels

Manufacturing IP, Trademark Law, , , , ,

The Supreme Court has finally heard arguments in the VIP Products v. Jack Daniels case, in which the whiskey company accused the dog toy maker of infringing its trademark with its whiskey bottle chew toy. Scott Hervey and Josh Escovedo discuss this dispute in the episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

Continue reading SCOTUS Hears Arguments in VIP Products V. Jack Daniels →

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