Since November 30, 2021, we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S. Trademark Office standard under Bose, to the much easier to
Trademarks and the First Amendment
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!
Two Decades of The IP Book
Time certainly flies while you’re having fun, and for me, the past two decades of serving as an editor and author for The IP Book and also as a planner for the Midwest IP Institute is no exception:
In the 2022 IP Book you’ll find a lot of terrific content, including Tiffany and Molly‘s
Short and Sweet Wisdom from Seth
Over the weekend, Seth Godin shared some wisdom that resonated, In or out:
Often overlooked is how uncomfortable it is to sit on a fence.
Get in or get out. Wasting time sitting on the fence wastes far more time and emotion than you’d expend committing to something.
I’d add to that sentiment, when
The New Washington Football Name is “Commanding” Some New Attention
The really big news that commanded attention was back in July 2020, when the NFL franchise near Washington, D.C. announced it would be “retiring the R*dskins name and logo.” You may recall this gem: NEVER Means Forever, Until it Doesn’t.
Honestly, after two seasons of the team using the generic Washington Football
Rapala Continues Fishing for Attention
Over the past dozen years, we’ve been admiring Rapala’s annual creative billboard campaign that continues to maintain the same eye-catching look and feel.
Love the white canvas, the red stylized Rapala brand name, the Original Floating lure, and a creative and often humorous attention-getting term or phrase in black ink, sandwiched in between (and hooked
Some Thankful Reflections About 2020
We can all think of and relive a multitude of reasons over the past year to embrace Dean’s timely #Flush2020 billboard ad as we prepare to ring in the New Year.
We also can look for silver linings before we bid farewell to 2020, some glimmers of hope and thankful reflections to provide fuel for
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
Welcome Back to TM Incapability and Merely Informational USPTO Refusals
Welcome back to another edition of Merely Informational and Incapable Marks.
The above neighborhood Applebee’s is on my usual route to going anywhere from our home, so I’m predicting I’ve passed by well more than 10,000 times.
The temporary “Dining Room Open” signage is a recent addition from a few months ago, when Minnesota
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