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Tag Archives: free speech

On Flag Day, What Flag Can You Protect?

Posted in First Amendment, USPTO

Today is Flag Day, which commemorates the adoption of the Stars and Stripes as our national flag 240 years ago.  Although maybe more obscure than Fourth of July or Memorial Day since it is not a federal holiday, this has always been one of my favorite American holidays.  There’s just something nostalgic, reverent, and almost… Continue Reading

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Posted in Dilution, Fair Use, Famous Marks, Fashion, First Amendment, Infringement, Law Suits, Trademark Bullying, Trademarks

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its sales of a canvas tote bag that included an image that “evoked” Louis Vuitton’s classic handbag design…. Continue Reading

Louis Vuitton’s Other Lawsuit Was a Winner, but Loses to a Parody Defense – Again.

Posted in Dilution, Fair Use, Famous Marks, First Amendment, Infringement

Louis Vuitton is no stranger to trademark disputes. As a a manufacturer of handbags, wallets, and other luxury goods, the company has its hands full just addressing counterfeit products. However, like any other company, there is concern not just with “fakes,” but other products and services that may otherwise infringe or dilute Louis Vuitton’s trademark… Continue Reading

The TAKE YO PANTIES OFF Argument

Posted in Famous Marks, First Amendment, Law Suits, Loss of Rights, Mixed Bag of Nuts, Trademarks, TTAB

  In appealing the cancellation of six trademarks, the Washington Redskins filed their opening brief in the Fourth Circuit this week.  Cancellation of the team’s REDSKINS trademarks was upheld by a federal district court in July.  The marks were deemed “disparaging” under Section 2(a) of the Lanham Act, which denies trademark protection to marks that… Continue Reading

IKEA översittare: Bully or Baloney?

Posted in Branding, Dilution, Domain Names, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademark Bullying, Trademarks

I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new IKEA översittare is getting a lot of attention on the internet, and… Continue Reading

Testing Trademark Law: U.S. Chamber of Commerce v. The Yes Men

Posted in Counterfeits, Dilution, Domain Names, Famous Marks, First Amendment, Infringement, Law Suits, Trademarks

–Dan Kelly, Attorney Last week, a group calling themselves The Yes Men apparently perpetrated an elaborate hoax to usurp the corporate persona of the United States Chamber of Commerce, to the point of publishing a fake website and holding a press conference at the National Press Club, posing as the Chamber itself.   (Image of genuine website… Continue Reading