Trademark Law

554 ABA Journal Trademark Law articles.

Bud Light ads can’t mention rival beers and corn syrup without these qualifying words

A federal judge in Madison, Wisconsin, is barring Anheuser-Busch, the maker of Bud Light, from running advertisements that fail to give context to its ad claims about rival MillerCoors’ Miller…

Dentist may pursue infringement case over cribbed before-and-after smile photos, 11th Circuit says

Copyright Law

This is not your father’s firm; suit pits dad against son over right to use first and last name

A personal injury law firm in South Carolina founded by George Sink Sr. contends in a federal lawsuit that Sink’s son, George Sink Jr., has no right to use the…

After ‘aloha’ restaurant dispute, Hawaii pushes to protect cultural intellectual property

“Aloha” means hello and goodbye and signifies love, compassion and kindness. Since last year, the Hawaiian word also has been legally connected to poke, a bowl of diced raw fish.

SCOTUS justices avoid mention of ‘profane past participle’ in arguments on scandalous trademarks
U.S. Supreme Court justices and lawyers arguing a case involving the FUCT clothing line managed to avoid saying the word during oral arguments Monday.
MillerCoors sues over Bud Light corn syrup ad that had ‘nefarious purpose’ to mislead consumers

MillerCoors is asking a court to order the maker of Bud Light to stop running ads implying that Miller Lite and Coors Light have corn syrup in their beers.

In…

Judge blocks forfeiture of trademark rights to motorcycle club logo on First Amendment grounds

A federal judge in California has ruled that the federal government cannot seize the trademark rights to the logo used by the Mongols motorcycle club.

U.S. District Judge David Carter…

Too tasteless to trademark? SCOTUS considers whether vulgar-sounding brand name is protected by First Amendment

Iancu v. Brunetti, set for U.S. Supreme Court oral arguments Monday, considers whether the First Amendment protects a vulgar-sounding brand name.

Burger King serves up ‘Big Mac’ trademark battle in European Union

“Big Mac-ish but Flame-Grilled of Course” is one of many new menu options at Burger King in Sweden less than a month after McDonald’s Corp. lost its rights to the…

‘Fair use’ doctrine should be consistent and protect copyright owners, ABA House says
The ABA House of Delegates on Monday approved a resolution encouraging courts to take a consistent approach to the "fair use" doctrine, a defense to copyright infringement that permits use of copyrighted works for free without obtaining a license or permission in appropriate circumstances.
Are software patents about to make a comeback? Revised guidance may do just that

Revised rules from the U.S. Patent and Trade Office could bolster software patents.

Published in early January, the rules would affect subject matter eligibility for patents under 35…

SCOTUS to decide whether ban on ‘scandalous’ trademarks is constitutional

The U.S. Supreme Court on Friday agreed to decide whether the Lanham Act’s ban on “immoral” and “scandalous” trademarks violates the First Amendment.

The challenge was filed by a clothing…

Maker of Pooey Puitton toy purses asks federal court to find there is no Louis Vuitton infringement

The maker of Bratz dolls is opening up a new litigation front in a lawsuit seeking to establish that its Pooey Puitton toy purses don’t infringe the intellectual property rights…

Girl Scouts file trademark lawsuit against Boy Scouts
A year after the Boy Scouts of America decided in 2017 to start admitting girls, the Girl Scouts of the United States of America have sued over what it says is a national consumer confusion problem with the two organizations’ trademarks.
HBO responds to Trump tweet: ‘How do you say trademark misuse in Dothraki?’

President Donald Trump was warning Iran about U.S. sanctions when he posted a tweet on Friday, but it was HBO that publicly took umbrage.

Trump tweeted: “Sanctions are Coming, November…

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