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Archive for the ‘Trademark’ Category

ACLU Files Amicus Brief in Support of Washington Redskins’ Trademarks

By Amanda Liverzani – Edited by Yunnan Jiang

Football season may be over, but the trademark battle over the Washington Redskins’ team name, mascot, and logo continues to rage on in federal court. On March 5th the ACLU filed an amicus brief in support of the NFL team’s right to register six trademarks despite the disparaging nature of the term “Redskins.”  The ACLU urged the court to strike down as unconstitutional the portions of the Lanham Act that allow the USPTO to engage in viewpoint discrimination by denying registration of trademarks it deems “immoral, deceptive, or scandalous.”

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Posted On Mar - 17 - 2015 Add Comments READ FULL POST

Flash Digest: News in Brief

By Viviana Ruiz

Russia’s Intellectual Property Court affirms denial of Ford’s trademark application

Contrary to its advertising efforts, Red Bull does not give you wings

Federal Court rules that food flavors are not trademarkable

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Posted On Nov - 17 - 2014 Comments Off READ FULL POST

Flash Digest: News in Brief

By Viviana Ruiz

Converse attempts to protect iconic Chuck Taylor All Star design

French Court rules that shoe design copyright was not infringed

Oklahoma Court rules that Facebook notifications do not satisfy notice requirement

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Posted On Oct - 21 - 2014 Comments Off READ FULL POST

Trademark Infringement or First Amendment Right of Freedom of Speech?

By Yunnan Jiang – Edited by Paulius Jurcys

On October 11, the Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union of Virginia, Inc. (“ACLU”) filed a joint brief in the U.S. Court Of Appeals, urging  that “trademark laws should not be used to impinge the First Amendment rights of critics and commentators”. The brief argues that the use of the names of organizations to comment, critique, and parody, is constitutionally protected by the speaker’s First Amendment right of freedom of expression.

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Posted On Oct - 20 - 2014 Comments Off READ FULL POST

Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation Error

Non-Infringement of Cellular Network Patents Affirmed

Federal Circuit Finds it Lacks Subject-Matter Appellate Jurisdiction Over Patent Infringement Case
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Posted On Jul - 21 - 2014 Comments Off READ FULL POST
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