When is a trademark not a trademark? When it no longer performs the source identification function for which it was adopted. In a recent decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, the Board cancelled the trademark registration (and refused a currently pending application) for the logo
Charities Enforce Trademarks Too
Trademark infringement disputes are not limited to those between for-profit companies. Indeed, charities also own trademarks and they can and do enforce their trademarks against other organizations (charitable or not) through cease and desist letters, lawsuits, etc.
Case in point: Last week, Mothers Against
SCOTUS Will Not Hear Redskins’ Trademark Dispute
Today the Supreme Court announced that it will not hear the Washington Redskins’ trademark dispute, despite the fact that the Supreme Court announced last week that it will hear the related trademark dispute involving the rock band, The Slants. As referenced in an earlier blog post, the Washington Redskins filed a request last spring
SCOTUS Will Hear The Slants’ Trademark Dispute
This morning, the United States Supreme Court granted certiorari to hear the trademark dispute involving the rock band, The Slants. The United States Patent and Trademark Office (“USPTO”) previously denied The Slants’ trademark registration on the basis of section 2(a) of the Lanham Act,
Will the Redskins Lose Their Trademarked Name?
There has been much debate and discussion over whether the Redskins—Washington D.C.’s professional football team in the National Football League—should voluntarily change their name under the view that it disparages Native Americans. In May, the Washington Post reported that a poll of Native Americans across the country found that nine in ten Native Americans are