‘Tis the season to be jolly. It’s also the season for trademark owners to be educated about new rules from the United States Trademark Office. I usually write about fun IP issues, like copyright lawsuits stemming from dances in Fortnite, the Supreme Court’s decision about the FUC’T trademark, and HBO’s reaction to Presidential misuse of … Read more
Fans of the late George Carlin certainly know his famous monologue, “Filthy Words,” which featured Carlin’s list of 7 words you can never say on television. A radio broadcast featuring these seven “dirty words” led to FCC v. Pacifica Foundation, a landmark U.S. Supreme Court decision that defined the extent to which the federal government could … Read more
This month marks the fifth anniversary of my law practice. When I hung my shingle in May 2014, I had just one client, but an enormous amount of determination and drive. Today, I represent more than 200 clients in connection with trademark, copyright, publishing, entertainment and general business matters. I’m privileged to work with the most amazing individuals, … Read more
I never thought I’d write an article about Fortnite, but it’s the subject of several copyright lawsuits – real life battle royales – and definitely worth a blog post. For anyone who doesn’t know, Fortnite is an online, multiplayer battle game created by Epic Games, and has quickly become a cultural phenomenon. Since its release in 2017, it … Read more
Clients frequently want to know how much it will cost to register a trademark. The answer is always: “it depends.” Here are some of the factors that can affect the cost of trademark clearance and registration in the United States. 1. Clearance We generally recommend that clients engage in clearance work before filing an application to … Read more
The following is a general summary of the timing and the costs associated with the clearance and application to register a trademark in the United States. These are general guidelines only – various issues might arise that add time and/or costs to this process. Clearance Time: 1-2 weeks from the date of request Costs: $600 … Read more
Winter is coming — it’s a cold, hard fact, and will be here on December 21. WINTER IS COMING is also a slogan used in connection with the Game of Thrones series (final season airing in April 2019!). HBO owns trademark registrations for WINTER IS COMING for a variety of goods. HBO was displeased last month when Donald … Read more
Significant changes to Canadian trademark law will come into effect on June 17, 2019. These changes will impact businesses and individuals who own Canadian trademark registrations and pending applications, and who are considering new applications in Canada between now and then. Beginning on June 17, 2019, trademark applicants and registrants will have to classify their goods/services according to … Read more
I try hard to share news that is fun and informative. I’m not sure how fun this is, but it’s a must read if you do business with European citizens, and if you own European trademarks. The Impact of GDPR on US Businesses The EU’s General Data Protection Regulation (GDPR) was implemented on May 25, 2018. The … Read more
In a May 3, 2018 decision, the Trademark Trial and Appeal Board found that gynolocologists are not confusingly similar to rap artists. Draion Burch is a Pennsylvania doctor who goes by the nickname Dr. Drai. He provides obstetrics and gynecology medical services and speaking services, and filed two U.S. trademark applications to register DR. DRAI and DOCTOR DRAI … Read more
