Trademark & Copyright Law

Refusal to Register Disparaging Trademarks Ruled Unconstitutional

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December 24, 2015 On December 22, 2015, the United States Court of Appeals for the Federal Circuit struck down a provision of the federal Lanham Act which prohibited the registration of “disparaging” trademarks by the United States Patent and Trademark Office (“USPTO”). Specifically, the Court found parts of Section 2(a) of the Lanham Act unconstitutional. […]

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Superman v. Superdad: Trademark Lawsuit to Continue

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December 18, 2015 This Tuesday, a California federal court in Los Angeles refused to dismiss DC Comics Inc.’s (“DC”) trademark lawsuit against Mad Engine, Inc. (“Mad Engine”) in connection with the business’ humorous take on DC’s iconic Superman shield logo. Can a business use someone else’s design or logo in jest?

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Bloomberg Features Daily Fantasy Sports Article by KMT Attorneys

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Fantasy Sports: Navigating the Regulatory Groundswell November 25, 2015 By David O. Klein, Neil E. Asnen and Joshua R. Wueller Anyone who has turned on a television or radio, visited a professional sports venue or surfed the Web in recent months will undoubtedly be familiar with the meteoric rise – and tremendous marketing efforts –

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Taylor Swift Settles Promotional Sweepstakes Dispute

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November 11, 2015 Last week, singer-songwriter Taylor Swift and the American Greetings Corporation (“American Greetings”) settled a legal dispute with Blue Sphere, Inc. d/b/a Lucky 13 (“Blue Sphere”) in connection with the name of their promotional sweepstakes collaboration. Why did Blue Sphere have Bad Blood with Swift and American Greetings’ sweepstakes?

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Mobile App Provider Slapped with $2 Million Trademark Infringement Lawsuit

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November 9, 2015 Last month, financial startup Ripple Labs, Inc. (“Ripple Labs”) sued social networking app provider Kefi Labs, LLC (“Kefi Labs”) and several of its employees in California federal court for over $2 million dollars in damages, including claims for alleged trademark infringement, unfair competition and cybersquatting. How can other app providers minimize their

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PornHub Advertising in Crosshairs for Sloppy Trademark Clearance

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August 19, 2015 Last Wednesday, an Italian consortium of Parmigiano-Reggiano cheese producers and traders threatened legal action against the owners of adult video website PornHub. The dispute stems from shoddy trademark clearance work and an adult-oriented commercial featuring the famous cheese’s trademark-protected name. Why is it important to clear advertising materials for third-party brands?

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Licensing Journal Features Article by KMT’s David Klein and Joshua Wueller

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Intellectual Property Concerns for Sponsors of Promotional Contests and Sweepstakes Marketers are always looking for more effective ways to entice consumers, with the goal to build a brand and sell more products and services. Long ago, armed with the knowledge that people enjoy winning prizes, savvy promoters began offering promotional contests and sweepstakes, which encourage

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Manufacturer Not Vicariously Liable for Distributor TCPA Violations

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May 26, 2015 Last week, the United States District Court for the Central District of California entered an order granting summary judgment in favor of manufacturer UTC Fire & Security Americas Corporation, Inc. (“UTCFSA”) and dismissed a putative Telephone Consumer Protection Act (“TCPA”) class action pending against it. The plaintiff sought to hold UTCFSA liable

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