Trademark & Copyright Law

Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering

Blog, Data & Privacy Law, Online Marketing & Advertising Law, Trademark & Copyright Law /

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 […]

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Olympic Advertising Rules Scaled Back Prior to 2020 Games

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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

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Tom Brady’s “Tom Terrific” Trademark Application Sacked by Trademark Law

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August 29, 2019 On May 24, 2019, Tom Brady’s company, TEB Capital Management, INC. (“TEB”), submitted separate intent-to-use trademark applications for “Tom Terrific” (the “Mark”) in connection with international class 025 for T-shirts and shirts, and international class 016 for collectible trading cards, sports trading cards, posters, and printed photographs, respectively. These applications were refused

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A Different Kind of Hockey Fight: Does Trademark Law Protect “Play Gloria”?

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July 18, 2019 In April, the St. Louis Blues (the “Blues”) hockey team made an improbable run from being dead-last in the standings in January, to winning the National Hockey League’s (“NHL”) Stanley Cup Final at season’s end. Throughout that run, Laura Branigan’s 1982 disco hit “Gloria” became the Blues signature song used to celebrate

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FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks

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June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the

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USPS Introduces New CBD Mailing Policy

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June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD

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USPTO Provides Clarity on CBD Trademark Applications

Journal, Trademark & Copyright Law /

May 8, 2019 To date, the United States Patent and Trademark Office (“PTO”) has refused registration for cannabis and derivative products on the basis that such goods were unlawful for use under federal law. The passage of the Farm Bill, on December 20, 2018, removed hemp from the Controlled Substances List and gave states the

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