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Trademark

The CTM (Community Trade Mark) registration, which provides protection across most of Europe, has become a staple of international trademark portfolios since introduction in 1996.  But, some big changes are coming for the 20th anniversary.  Most notably, the CTM name will be changed to the “European Union Trade Mark.”  Also, the registrar’s office in Alicante, Spain, now known as OHIM (Office of Harmonization in the International Market), will be re-named as the “European Union Intellectual Property Office,” and the Community Trade Mark Courts will be called the “European Trade Mark Courts.”  Other technical changes will include new filing/renewal fee structures, stricter rules for listing goods and services, and some enhanced mechanisms for enforcement against infringers.  Final approval by the European Parliament is expected imminently, at which time most changes will become effective, but portions of the overhaul package will require adoption into the national laws of member countries.   The Firm continues to assist clients with trademark registration and enforcement in virtually every country of the world.

Are you ready for some football? In the midst of preparing for football season, the National Football Association ("NFL") continues its fight to overcome cancellations of the Washington Redskins' trademarks. The NFL is appealing a district court decision to the Fourth Circuit.

Wednesday, 15 July 2015 23:18

Apple is Being Sued Over "iWatch" Trademark

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Apple’s newest device the Apple Watch, which was released a few months ago, is now the subject of a trademark dispute with a European trademark holder. Probendi, an Irish software development company and owner of the rights to the “iWatch” trademark in the European Union, is upset that Apple bought Google ads for the term “iWatch”. If you run a Google search of the term “iWatch”, the top result and advertisement will be for the Apple Watch.

Wednesday, 01 July 2015 22:34

EDM’s “House” Mouse vs. the Magic Kingdom

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Electronic Dance Music (EDM) Famed DJ Deadmau5 and The Walt Disney Company have settled their trademark dispute over the use of the “Deadmau5 Mouse Head” Logo. Just when it seemed likely that the two sides were headed for a lengthy legal battle over the use of the Deadmau5 logo, it has been revealed that the two sides have reached a settlement agreement.

Last March, the District Court for the Northern District of California entered a final judgment in the Apple v. Samsung saga, awarding Apple almost $930 Million in damages for Samsung’s infringement of Apple's trade dress, both registered and unregistered, and design and utility patents. After several appeals, the Federal Circuit announced that Apple’s trade dress is functional and remanded to the District Court for entry of final judgment on damages only pertaining to the various patent infringements.

On March 24, 2015, in B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court held that a Trademark Trial and Appeal Board (TTAB) decision is to be given issue preclusion effect when the usages it adjudciated are materially the same as those before a later district court proceeding.

Wednesday, 28 January 2015 23:02

The number "12" Mark

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The Seattle Seahawks, a National Football Team is scheduled to play the New England Patriots in this year’s much anticipated Super Bowl matchup. As many football fans might be aware, the Seahawks gained attention from everyone for winning last year’s Super Bowl, complimented by their stingy secondary defense. However, the Seahawks also gained attention from everyone in the media for another reason: dubbing their home fans as “the 12th man.”

The ALS Association’s “ice bucket challenge” gained tremendous popularity via the social media.  Friends, family members, acquaintances and sometimes even strangers challenged each other on social media such as Facebook, by recording an act of drenching themselves with an ice-cold bucket of water, and thereby making a pledge to donate towards ALS research.  As such, the popularity helped the Association raised more than $94 million in less than a month towards finding a cure for ALS, colloquially known as Lou Gehrig’s disease.

Wednesday, 27 August 2014 22:55

Champagne, Roquefort, Eau Rouge?

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To most motorsport enthusiasts, Eau Rouge is evocative of speed, precision, and a certain intestinal fortitude required of those whose hobbies involve donning fire-proof suits. It is no wonder, then, that Infiniti would choose the moniker to adorn its latest sports concept, and furthermore, seek to register the term as a trademark.

In a 2-1 landmark decision, the United States Patent and Trademark Office cancelled six (6) "WASHINGTON REDSKINS" federal trademark registrations finding that the name “Redskins” is “disparaging to Native Americans” at the respective times they were registered, in violation of Section 2(a) of the Trademark Act.

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