On December 18, 2021, the Trademark Modernization Act of 2020 (“TMA”) went into effect, creating new procedures for removing unused trademarks from the federal trademark register and updating existing trademark law procedures. The TMA clears the path for legitimate businesses to register their marks by cleaning out the federal trademark register and giving the United […]
Trademark Law Updated: What Brand Owners Need to Know Read More »
In the recent Ohio State University v. Redbubble trademark law proceeding, the Sixth Circuit Court of Appeals considered whether online retailers are liable for trademark infringement arising from products that they sell on their sites. The lower court entered summary judgment in favor of Redbubble, an Australian online retailer, and against Ohio State University (OSU). The court
Trademark Law: Online Retailers and Secondary Liability Read More »
The case captioned Purdue University v. Vintage Brand, LLC is an example of one of the most recent battles in the trademark war between institutions of higher learning and online retailers. In the case at issue, Purdue University alleged that Vintage Brand violated trademark law by selling and manufacturing certain goods (e.g., T-shirts) containing Purdue
Trademark Infringement: Universities v. Online Retailers Read More »
Social media influencers (“Influencers”) are people whose online popularity and relevance grant them influence over others within their social sphere. Such influence makes them highly attractive to advertisers. Typically, influencers create and post content (ex., photos, videos, and live streams) on social media platforms (ex., YouTube, Instagram, TikTok, and Twitch). Influencers earn income through ad dollars
Legal Concerns for Social Media Influencers: Intellectual Property Read More »
In July, the Cleveland baseball team announced that it would be changing its name to the “Cleveland Guardians” and submitted a trademark application on an intent to use basis with the United States Patent and Trademark Office (“USPTO”). Apparently, however, the Cleveland Guardians Roller Derby (“Roller Derby”) had already been using the “Cleveland Guardians” mark
What is a Work-for-Hire? A “work made for hire” (“work-for-hire”) is a work created by an employee as part of her or his job and, in some circumstances, an independent contractor, where all parties agree in writing that the work created by such an indepedent contractor should be considered a work-for-hire. A work-for-hire is considered
Work-For-Hire Clauses and Agreements: One Key to Intellectual Property Ownership Read More »
The limited liability company (“LLC”) has quickly become one of the most popular corporate vehicles for start-ups and other new ventures. While there are some drawbacks (such as the number and type of investors permitted, and limitations with going public), the LLC combines the tax advantages of a partnership (no corporate level tax) with the
Why Operating Agreements Are a Must for Any New LLC Read More »
On October 6, the United States Patent and Trademark Office (USPTO) ruled to incorporate the international trademark classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice Classification”). The two trademark classification changes will become effective on January 1, 2022. What
Trademark Classification Changes for 2022 Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising