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intellectual property Tag

Update: The USPTO’s Slanted Viewpoint on Trademark Applications is Unconstitutional

In January, we told you about how the Asian-American rock band, The Slants, had been making noise in the courts for years fighting for the right to register the band's trademark with the United States Patent and Trademark Office (USPTO). The USPTO had denied registration of the band's name, citing Section 2(a) of the Lanham Act, which allowed the USPTO to refuse registration of marks that it deemed to be immoral, scandalous, or disparaging. However, the band is likely singing the Supreme Court's praises because just this week the Court ruled in an 8-0 onion that this...

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Battle of the Copper Pans

Imitation may be the highest form of flattery, but such flattery is unwelcome when it comes to copying products. In the consumer product industry, hot items are quickly adapted by competing companies, resulting in consumer confusion as to the origin of the product; sometimes resulting in lengthy legal battles. We saw this most recently with retractable hoses (X Hose, Pocket Hose, etc.), which has been in litigation since 2013. Right now, the hottest product igniting lawsuits is copper. Copper pots and pans (or at least copper in color) are the latest sensation in cookware. Big sellers...

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Is ‘Made in China’ a Thing of the Past? What tariffs and trade relations mean for the consumer product industry.

According to the Office of the U.S. Trade Representative, China is our largest goods trading partner with approximately $579 billion in total trade during 2016. Imports from China totaled $463 billion, resulting in a $347 billion U.S. trade deficit for the year. This deficit, along with the goal of bringing manufacturing jobs back home, has the President Trump contemplating high tariffs on Chinese and other imports, including those from another major trade partner – Mexico. The World Trade Organization stipulates that tariffs can only be imposed when there is material injury to the domestic industry, such as the detrimental effects of...

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What’s in a name? The USPTO’s slanted viewpoint on trademark applications

For over 3 years now, Asian-American rock band, The Slants, has been making noise in the courts while fighting for the right to register the band's trademark with the United States Patent and Trademark Office (USPTO). The band's battle started in 2013 when the USPTO determined that the "The Slants" was disparaging to Asian Americans and refused registration of the mark. For the past 70 years, the USPTO has used Section 2(a) of the Lanham Act to deny registration of marks that it deems to be immoral, scandalous, or disparaging. Perhaps most notably, the USPTO relied on section 2(a) when it...

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Lawsuits and Fines Plague Amazon to Kick off 2017

Despite its recent announcement of plans to create 100,000 jobs during the next 18 months, 2017 is off to a rocky start for Amazon. Just days before the new year, RUN-DMC Brand filed a lawsuit against Amazon (and others, including Walmart and Jet.com) seeking $50 million in damages for trademark infringement, dilution, and unfair competition. RUN-DMC’s complaint alleges that the defendants are advertising, manufacturing, selling, and distributing multiple products with the iconic 1980s rap/hip-hop group’s RUN-DMC trademark without the permission of RUN-DMC, which is owned by former band member, Darryl McDaniels. Run-DMC alleges that Amazon directly advertises and sells infringing products,...

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DRTV Powerhouses Take on Amazon in Federal Court

Digital Law Group has been advocating on behalf of its clients and the direct response industry for some time now against Amazon’s unscrupulous business practices of knowingly selling counterfeit products on its marketplace. In fact, when we pitched a panel idea for a recent tradeshow on policing and enforcing intellectual property rights on online marketplaces, the organizer notified us that Amazon could not be included/mentioned in the content of our session. Naturally, we were concerned by this information and perplexed as to why so many marketers continue to do business with Amazon in spite of the fact that knockoffs and counterfeits...

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Open for Comment: Proposed Revisions to the 1995 Antitrust Guidelines for Licensing Intellectual Property

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently released proposed revisions to the 1995 Antitrust Guidelines for Licensing Intellectual Property, and they have invited the public to comment on the proposed changes. The guidelines provide direction on antitrust issues that may arise when licensing intellectual property. The proposed updates to the guidelines embrace three general principles: “For the purpose of antitrust analysis, the Agencies apply the same analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right.” “The Agencies do not presume that intellectual...

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Battle of the trolls

No, we are not talking about Middle-earth (sorry nerds). We are talking about an industry nuisance – the patent troll. Now, the image that may come to mind for you upon hearing the term “patent troll,” is one of a gnarly, greenish creature under a bridge sketching indecipherable images. The funny thing is, actual patent trolls are not that far off. A patent troll, or a non-practicing entity (NPE), is an individual or company that acquires overly broad patents for the sole purpose of extorting licensing fees from legitimate creators. Today, more than half of patent infringement claims are brought by...

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