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Trademark Law

586 ABA Journal Trademark Law articles.

Town crier delivers Bud Light’s cease-and-desist letter to craft brewer over its ‘Dilly Dilly’ beer

Bud Light delivered a cease and desist letter on Friday to a Minneapolis-based craft brewer using a man dressed as a town crier who declared in a theatrical tone that the phrase “Dilly Dilly” is the “motto of our realm.” Reading from a parchment scroll, the town crier asked the…

Dec 6, 2017 10:28 AM CST

Law grad settles claims that Chobani co-opted his ‘how’ philosophy in a marketing campaign

A Harvard law grad who helps businesses create ethical cultures has settled state and federal lawsuits that claimed an advertising agency for Chobani yogurt co-opted his “how” philosophy with a “how matters” marketing campaign. Dov Seidman and his company, the LRN Corp., announced the settlement in October. Court documents indicate…

Nov 22, 2017 9:07 AM CST

Christian group sues Southern Poverty Law Center over hate-group designation

Updated: A conservative Christian group claims it was defamed by the Southern Poverty Law Center’s placement of the ministry on its “hate map” for “anti-LGBT” views. The federal suit by Fort Lauderdale, Florida-based Coral Ridge Ministries Media, also known as D. James Kennedy Ministries, also targets Amazon for its exclusion…

Aug 24, 2017 1:25 PM CDT

Lawyer and businessman seek to trademark N-word variation to thwart racists

A Virginia lawyer and a Mississippi man are seeking to trademark a variation of the N-word in a bid to control use of the word and thwart racists. Alexandria lawyer Steve Maynard, a former patent examiner, and Mississippi business consultant Curtis Bordenave filed the trademark applications after the U.S. Supreme…

Aug 2, 2017 8:45 AM CDT

Chicago law firm files trademark suit against rival that also uses O’Keefe in its name

Updated: The politically connected Chicago law firm of O'Keefe Lyons & Hynes claims a suburban law firm is confusing the public by using O’Keefe in its name.

Jul 26, 2017 8:00 AM CDT

Supreme Court makes venue shopping harder for patent trolls

Could this be the end of out-of-town patent lawyers flocking to Marshall, Texas? They’ve become known for showing up in luxury cars, ordering catered gourmet meals for their trial war rooms and running up expensive hotel tabs. That’s the future some observers predict for the top destination for patent infringement lawsuits after a U.S. Supreme Court decision limited the venues where such suits may be filed.

Jul 1, 2017 1:35 AM CDT

Supreme Court strikes down ban on disparaging trademarks

The U.S. Supreme Court on Monday struck down a provision of the Lanham Act that denies registration for “disparaging” trademarks.

The court ruled in an appeal by Simon Shiao Tam, who wants to trademark the name of his Asian-American rock band, the Slants.

Jun 19, 2017 9:10 AM CDT

PayPal sues Pandora over the letter ‘P’

PayPal claims in a trademark infringement and dilution suit that Pandora’s blue, capital “P” logo, adopted in October, “openly mimics” PayPal’s double P logo. The suit (PDF), filed last Friday in Manhattan federal court, claims PayPal customers are confused by the music-streaming company’s similar logo, particularly when they search for…

May 25, 2017 8:00 AM CDT

Google retains its trademark though the name is used as a verb, appeals court says

A federal appeals court has ruled that Google has not lost trademark protection for its name even though some people use “google” in a generic sense as a verb for the act of searching the internet. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled (PDF) Tuesday that Google…

May 17, 2017 4:21 PM CDT

Avvo wins default $2 million judgment against alleged creators of fraudulent imitation site

On Tuesday, Avvo announced that it had won its lawsuit against hackers and phishers who were accused of creating a rip-off site designed to trick lawyers and customers into disclosing their personal information. Last week, the U.S. District Court for the District of Arizona granted a default motion in favor…

May 16, 2017 5:27 PM CDT

Supreme Court considers 3 First Amendment cases this term

The First Amendment takes a leading role before the U.S. Supreme Court this term. A case decided Wednesday, along with two others, could impact a slew of important free speech principles, including commercial speech, the government speech doctrine, online privacy, the right to receive information and ideas, speech vs. conduct and the viewpoint discrimination principle.

Apr 1, 2017 3:20 AM CDT

Did China speed up trademark approvals for the Trump Organization?

China recently granted approval for 38 trademarks sought by President Donald Trump’s family business for things that include hotels, golf clubs and bodyguard services. Out of the 38 trademarks, 35 are in the president’s name, the Associated Press reports. Trump’s attorneys applied for the marks in April 2016, as the…

Mar 9, 2017 11:18 AM CST

Supreme Court appears skeptical of law barring registration of disparaging trademarks

A majority of the U.S. Supreme Court on Wednesday appeared receptive to arguments by a dance-rock band that is challenging the federal ban on registration of disparaging trademarks. The Asian-American band, the Slants, claims the ban amounts to viewpoint discrimination that violates the First Amendment. A majority of the Supreme…

Jan 18, 2017 4:44 PM CST

Chemerinsky: Free speech on the SCOTUS docket

The January oral argument calendar includes two major cases about freedom of speech. Although they arise in quite different contexts, they each raise questions of how far the First Amendment extends to limit government regulation. Lee v. Tam Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), provides that no…

Jan 5, 2017 8:30 AM CST

Law firm can run ads targeting specific nursing home, Georgia Supreme Court rules

A Mississippi-based law firm seeking nursing home neglect and abuse cases didn’t violate Georgia trademark law by targeting PruittHealth Inc. in one of its ads, the Georgia Supreme Court has ruled. In a decision on Monday, the court lifted an injunction that had barred the ads by the McHugh Fuller…

Nov 22, 2016 12:10 PM CST

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