Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our upcoming Strafford webinar on Tuesday July 25, 2023, at 1 PM ET, check out the details here, hope you can join us!
First Amendment
2020 Midwest IP Institute in the Books
Hearty thanks to Colette Durst, Stephen Lee, and Susan Perera, for generously sharing their insights and perspectives about trademark nominative fair use.
By all accounts, the Midwest IP Institute was a great success this year despite the limitations of delivering knowledge in a virtual format, thanks Zoom.
Hearty thanks to Draeke…
NEVER Means Forever, Until it Doesn’t
Never is supposed to last forever. Forever is never supposed to come to an end. Neither are possible to measure in time, for as long as they continue to be true.
The wait for either to fail, can last for an infinite period of time, until they collide. We have witnessed such a collision during…
Rapala Billboard Ad Collection for 2020
Obi-Wan Kenobi, Chuck Norris, and a Walleye Sandwich have what in common?
Well, each of the three are called to mind in Rapala’s 2020 billboard ad campaign.
If you’ve been with us since the beginning, more than eleven years ago now, you’ll appreciate that we look forward to seeing Rapala’s creativity each…
Nominative Fair Use of Another’s Logo
The speaking circuit has come to a grinding halt, as it should, to slow the virus spread. My hope is to share some of that in-person content with each of you here.
Now more than ever, we need to receive nourishment, so if you don’t receive Seth Godin’s daily posts, you’re really missing out,…
Will Religious Matter Be The Next Constitutional Challenge to Trademark Registration Denials by the USPTO?
When thinking about brands comprising religious matter, I think of EZEKIEL 4:9.
The EZEKIEL 4:9 brand has been registered as a trademark for bread since 1990.
The brand owner had to clear some chaff from the Principal Register to do so, threshing this EZEKIEL as abandoned, and gaining this EZEKIEL by assignment.
It presently…
What Does Entrepreneur Mean Anyway?
Let’s be very clear, today is April Fools’ Day, but this is not an April Fools’ Joke.
It’s not every day Seth Godin volunteers a guest post, but Thursday was that day.
Friday we published Stop Bullying the Entrepreneurs, 33 comments and counting.
This isn’t the first time Seth has spoken out against trademark…
Stop bullying the entrepreneurs
It’s not good marketing and I’m pretty sure it’s not good law, either.
It seems as though Entrepreneur magazine (who should know better) is working with Latham and Watkins (who should certainly know better) to persist in their relentless efforts to bully entrepreneurs to stop using the word ‘entrepreneur’.
And yes, it’s…
Artists’ Lawsuits Against Fortnite Creators May Rely on Rights of Publicity
— Jessica Gutierrez Alm, Attorney
No one does the Carlton quite like Carlton Banks. (Queue Tom Jones’s It’s Not Unusual.) Since actor Alfonso Ribeiro first performed the unique dance on The Fresh Prince of Bel-Air, it has been readily associated with him. When the dance move recently appeared as a purchasable avatar dance…
Supreme Court to Decide if Marks With Scandalous Matter May Be Registered
Last Friday, the Supreme Court decided it will hear the Brunetti case, and take a closer look at Section 2(a) of the Lanham Act, the portion forbidding federal registration of trademarks having matter that is scandalous or immoral.
So, it appears my big prediction for 2019 is pointing in the affirmative direction:
“In terms
…