Google Review

Widerman Malek Law Blog

Why OSU Could Not Get a Trademark for THE

As college football fans welcomed back the return of another season, there has been much to celebrate. The time-honored traditions of Saturdays spent tailgating or cheering in front of the television give us all something to get excited for. But one group of Buckeye fans got some bad news near the start of the season. […]

NFL and College Football Trademarks – Part 2

Many years ago, I wrote an article about using NFL trademarks, which can be found here. As a result of that article, and despite the advice in it, I continue to get many questions asking if an NFL logo can be used to sell something. Everything Except the Logo? Some people try to get crafty […]

Atlas Van Lines Fights for Its Brand and Prevails in Trademark Infringement Case

Atlas Van Lines, an international transportation and logistics company, has been operating as “Atlas” since 1948. The company includes hundreds of agents across the United States and is a well-established brand throughout the country. In 2017, Atlas Van Lines discovered their registered trademarks, including “Atlas” and “Atlas Logistics,” were being used to advertise the services […]

KARDASHIAN TRADEMARK DISPUTE HEADED TO THE US SUPREME COURT?

The Kardashians are involved in a trademark dispute that may be decided by the US Supreme Court.  Kroma Makeup EU, LLC (“Kroma EU”) sued the Kardashians in 2014 over the Kardashians beauty products line, “Khroma Beauty”.  Kroma EU was granted a license in October 2012 to import, sell and distribute “Kroma” branded beauty products in […]

USPTO issues new rule requiring foreign-domiciled trademark applicants and registrants to have a U.S.-licensed attorney

The new rule applies to any foreign-domiciled trademark applicants, registrants and parties whose permanent legal residence or principal place of business is outside of the United States. These parties will be required to have a U.S.-licensed attorney represent them before the USPTO in trademark matters.  The new rule will be effective August 3, 2019. “Businesses […]

High Court Strikes Down Offensive Trademarks Ban

The U.S. Supreme Court ruled Monday, June 24, 2019 that a federal ban on the registration of “scandalous” trademarks such as “Fuct” violates the First Amendment.  This comes less than two years after striking down a similar rule against marks deemed “offensive”. In a 6-3 vote, justices said the provision was an unconstitutional form of […]

Supreme Court Decides “The Most Significant Unresolved Legal Issue in Trademark Licensing”

I previously wrote about the issue of what happens to a trademark license when the brand owner goes bankrupt. The Supreme Court’s decision seems to be good news for trademark licensees and bad news for trademark licensors. On May 20, 2019, an 8-1 Supreme Court ruled that a bankrupt company’s decision to “reject” an existing […]

Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees

The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]

United States Trademark Office Launches Pilot Program For Trademark Cancellation Proceedings

The USPTO announced that it was launching a pilot program to streamline cancellation proceedings for registered trademarks that may have been abandoned or that the trademark owner is not currently using.  The Trademark Office indicated that such trademark registrations often act as a hindrance to trademark owners that are actually using their trademarks but cannot […]

Laura Peter announced as deputy director of the United States Patent and Trademark Office

Secretary of Commerce Wilbur Ross today announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]

Older Posts »

Search Widerman Malek

Categories

  • Blog (30)
  • Business (3)
  • Careers at WM (9)
  • Event (4)
  • Local Stories (46)
  • Press Release (2)
  • Real Estate Investors (12)
  • Resources (10)
  • Small Business Law (2)
  • Uncategorized (36)
  • Video (2)