‘Tis the season for gratitude and thankfulness, and avoiding conflict and fruitcake.
From a trademark perspective, every season is for avoiding genericness, right?
After all, generic designations are part of the public domain, they aren’t own-able.
So, why is Guaranteed Rate continuing to invest in Rate.com, found to be generic
— 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
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
The battle for attorneys’ fees after an intense trademark dispute often leaves many prevailing parties empty handed. This is because the Lanham Act only provides for attorneys’ fees in “exceptional cases.” Congress’s (and courts’) reluctance to award attorneys’ fees stems from the “American Rule,” which provides that each party to a
— Jessica Gutierrez Alm, Attorney
Simon Tam wasn’t the only one barred by the Lanham Act from reclaiming a historically derogatory term.
Dykes on Bikes is a nonprofit lesbian motorcycle organization. According to their website, the group’s mission is to “support philanthropic endeavors in the lesbian, gay, bisexual, transgender, and women’s communities, and to reach
— Jessica Gutierrez Alm, Attorney
This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street. It also suggests the value of a sympathetic litigant, at least in terms of public response.
Many rallied behind Simon Tam and his rock band, The Slants
From my title, you may think I am referring to the battle over the REDSKINS trademark. However, the In re Tam case beat the REDSKINS team to the high court. The case involving the REDSKINS mark is currently on hold until the United States Supreme Court decides the In re Tam case. These cases have
With the Strafford Publications webinar later today discussing the Lanham Trademark Act’s “Use in Commerce” requirement, with some of my favorite panelists no less, the topic has been on my mind, even when pumping gas into my rental car in Houston, Texas, this past weekend:
So, what do folks think, does this photograph of
— Jessica Gutierrez Alm, Attorney
This presidential election cycle has been nothing if not entertaining. Mr. Trump has been a particular favorite among late night T.V. hosts.
In one particular 20-minute monologue, Last Week Tonight host John Oliver berated the Donald, and in doing so, brought to light a historical quirk of the Trump
— Jessica Gutierrez Alm, Attorney
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