For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and Appeal Board (TTAB). Some fee increases are minimal (e.g., only about 10% increase to file an ex parte appeal). However, other fee increases are substantial,
Brand Protection
Beware of Online Scammers
The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began. This includes reports about buying products that never arrived and about scams involving romance, economic relief, or income opportunities, which became…
Getting Rich Covfefe
We live in an era where news, information, and trends move very quickly. Words, phrases, or ideas that were obscure or non-existent yesterday can be the top trending story tomorrow. These overnight trends are now routinely used by opportunists in trademark applications. But trademarks are meant to be used to identify the source of and…
Taste Held Not Protectable Under European Copyright Laws
Earlier this month, the European Court of Justice ruled that the taste of a food product is not eligible for protection under EU copyright laws.
The ruling by European Union’s highest legal authority, which is binding on all EU member states, came in a lawsuit brought by the Dutch manufacturer of a popular spreadable cheese…
Update: Brand Enforcement Challenges
The General Data Protection Regulation, or GDPR, took effect May 25, 2018. As predicted, the GDPR has complicated access to WHOIS information (commonly used to look up the contact information for website domains for, among other things, stopping others from infringing IP rights) and given ICANN (the corporation that manages WHOIS data) a headache.…
The Looming (Brand Enforcement) Blackout
There are over 330 million domain names supporting over 1.8 billion websites having a unique hostname on the internet right now. But who owns each of these? There are many reasons one may want to identify the owner or operator of a particular domain or website. In addition to law enforcement and cyber security, owners…
Creating Buzz Through Creative Brand Management

Today is International Women’s Day. As a way to celebrate, McDonald’s has flipped their iconic golden arches upside-down. The arches, one of the most recognizable logos, have been physically flipped in one California location but can be seen on McDonald’s social media channels…
Growing Industry Lacks I.P. Protection
A trademark may give a business the right to stop others from using these marks to sell similar goods or services or using marks that may be confusingly similar. However, federal trademark protection is out of reach for hundreds of businesses across the country.
The recent announcement that the DOJ was rescinding the Cole Memo …
Court Has Zero Chill for Use of “Chell”
The attendance of a multi-day concert/festival in the desert seems to be a right of passage for millennials with events popping up all over the country. However, are you permitted to utilize the goodwill associated with those events to create your own event? The U.S. District Court for the Central District of California (Court) held…
Haters Gonna Hate: Tactics to Avoid When Responding to Bad Customer Reviews
Customer feedback is a two-way street. On the one hand, positive customers reviews can inspire trust in potential new customers who might otherwise be apprehensive about purchasing products or services from an unfamiliar company. Negative reviews, on the other hand, typically have the opposite effect. As such, businesses may be tempted to stifle or “bury”…