Trademark & Copyright Law

tm lawyer

Want to Coexist with Another Brand? Ask a TM Lawyer How to Do So

Businesses often come into conflict with other businesses that use identical or similar brands to sell related goods and/or services. This can lead to the refusal of a trademark application by the United States Patent and Trademark Office (“USPTO”) on the basis of a likelihood of confusion, or lengthy litigation with attendant expensive legal fees […]

Want to Coexist with Another Brand? Ask a TM Lawyer How to Do So Read More »

trademark law

Wondering if Your Trademark has Been Abandoned? Ask a Trademark Lawyer

The outbreak of the novel Coronavirus (“COVID-19”) has led to the shuttering of businesses throughout the world. While many of these businesses will be able to open when it is deemed safe by authorities for them to do so, others will be forced to close down forever. For struggling businesses that have registered and/or common

Wondering if Your Trademark has Been Abandoned? Ask a Trademark Lawyer Read More »

e-signature

Governor Cuomo Revises E-Signature Executive Order

Previously, we blogged about federal and state e-signature and notarization laws that apply in this time of working remotely from home. On March 31, 2020, the New York Department of State revised Executive Order 202.7 to clarify the responsibilities of New York State licensed notaries public.  What are the revisions to the Executive Order?

Governor Cuomo Revises E-Signature Executive Order Read More »

trademark law

Jack Daniels Chewed Up by Trademark Law

VIP Products LLC (“VIP”) designs, markets and sells “Silly Squeakers” dog toys that are often made to humorously resemble well-known beverage containers. In 2013, VIP fashioned the Bad Spaniels Silly Squeaker (“Bad Spaniels”) dog toy to resemble a Jack Daniel’s whiskey bottle and altered the label by: 1) replacing “Jack Daniel’s” with “Bad Spaniels;” 2)

Jack Daniels Chewed Up by Trademark Law Read More »

trademark office actions

Responding to Trademark Office Actions

Approximately three (3) months after submitting a trademark application to the United States Patent and Trademark Office (“USPTO”), the application will be assigned to an Examining Attorney. The Examining Attorney will review the application for any administrative or substantive issues and deliver an “office action” if there are any such issues. If no issues with

Responding to Trademark Office Actions Read More »

No Pimping: Trademark Law Protects the Goodyear Blimp

No Pimping: Trademark Law Protects the Goodyear Blimp

On January 2, 2020, the Goodyear Tire & Rubber Company (“Goodyear”) and the Illinois-based punk rock band, The Pimps, a/k/a The Good Year Pimps (“The Pimps”), entered into a settlement agreement to resolve allegations that The Pimps: (1) had breached a previous settlement agreement entered into between the parties; (2) were infringing on Goodyear’s trademark

No Pimping: Trademark Law Protects the Goodyear Blimp Read More »

Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering

December 30th, 2019 Over the years, the estate of Bruce Lee, organized under the corporate name of Bruce Lee Enterprises, LLC (“BLE”), has endeavored to protect the Bruce Lee brand by filing various lawsuits throughout the world. BLE’s latest lawsuit seeks $30 million from the Chinese-based restaurant chain, Kungfu Catering Management (“KCM”), for its alleged

Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering Read More »

Olympic Advertising Rules Scaled Back Prior to 2020 Games

October 28, 2019 On October 8, 2019, the United States Olympic and Paralympic Committee (“USOPC”) issued a new set of Olympic advertising guidelines in advance of the Tokyo 2020 Olympic Games.  The new guidelines effectively relax the prior restrictions placed on athletes and advertisers by the International Olympic Committee (“IOC”).  Specifically, Rule 40.3 of the

Olympic Advertising Rules Scaled Back Prior to 2020 Games Read More »