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Trademark Office Argues That “Scandalous” Brands Should Be Treated Differently From “Disparaging” Marks, What The …?

Josh Conley \ April 12, 2019

Next week, the Supreme Court will hear oral argument on the issues of “scandalous” trademarks.  Currently, certain trademarks cannot be registered because the government deems the mark to be offensive.  

New EU Copyright Directive Will Hold Sites Liable For User's Infringing Content

Josh Conley \ April 04, 2019

This past Tuesday, the European Union voted to approve new copyright legislation by a vote of 348 to 274.  The new laws allow for liability to be imposed against sites for content that their users upload that infringes upon another’s copyrights.  The legislation also will..

Guiding Principles Set For Changes To U.S. Patent Eligibility Laws

Josh Conley \ April 01, 2019

Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) continue to move forward with revamping patent laws in the wake of the Supreme Court’s Alice decision.  

Patent Trial and Appeal Board Cuts Patent Owners Some Slack

Josh Conley \ March 15, 2019

The United States Patent and Trademark Office is rolling out a new pilot program for patent owners who are involved in proceedings before the Patent Trial and Appeal Board (PTAB).  

The Impact of Brexit on Trademarks

Josh Conley \ March 13, 2019

The United Kingdom is continuing its crash course with Brexit—even if there is no exit deal in place.  I have explored the impacts of Brexit on IP portfolios and the Unified Patent Court Agreement (UPCA).  

SCOTUS Finds Copyright Owners Must Wait to File Suit

Josh Conley \ March 04, 2019

Today, the Supreme Court (SCOTUS) resolved a split between federal circuits on whether a copyright owner must wait until their copyright registers to file suit or if suit can be filed immediately once the application for registration is filed.  The answer, a lawsuit cannot be..

Does Booker T Have Call of Duty on the Ropes?

Josh Conley \ February 15, 2019

Don’t expect a cage match any time soon, but Activision Blizzard Inc. is in hot water with pro wrestler Booker T. Booker T filed suit on Tuesday in federal court alleging that Activision’s “Call of Duty: Black Ops 4” “BLOPs” copied his persona, G.I. Bro.

Netflix in Trouble Again, This Time Over Bandersnatch

Josh Conley \ February 12, 2019

Netflix has been sued by Chooseco LLC over the use of Chooseco’s trademark “Choose Your Own Adventure” in the movie Bandersnatch.  

The movie is an extension of Netflix’s popular series Black Mirror that allows viewers to choose how the movie progresses, which leads to a..

New Division and Merger Regulations Make Protecting Trademarks Internationally Easier

Josh Conley \ February 08, 2019

The international treaty that allows international registration, the Madrid Protocol, continues to become more and more user friendly.  Back in August of 2018, I wrote about Canada’s upcoming accession to the Madrid Protocol, which will make securing a Canadian trademark more..

Securing IP Rights In Cannabis Branding Without A Trademark, What?

Josh Conley \ February 06, 2019

Cannabis continues to grow as states become more and more accepting of its use for medical and recreational use.  The problem is that the Federal government is a bit behind the times and it has implications on the IP portfolio of growers, distributors, and dispensaries.