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How Energy Drink's "Purple Rain" Trademark Application Was Rejected
At the U.S. Patent & Trademark Office (USPTO), the trademark examining attorneys and administrative judges of the Trademark Trial and Appeal Board (TTAB) are tasked with reviewing trademark applications to ensure that they are in good form and that the applied-for mark is eligible for federal trademark registration. Examiners and judges are guided in their review by several policies including the Lanham Act, 15 U.S.C. §1051 et seq., the federal statute governing trademark law in the United States and the USPTO's trademark rules of practice and trademark manual of examining procedure or TMEP, among others.
The TMEP is a publicly available document that serves as an excellent resource for actual and potential trademark applicants, registrants and their attorneys. It is accessible online and easily searchable. The TMEP incorporates the Lanham Act and identifies all important application details, including what must be included in an original or renewal application, who is entitled to register a mark and whether they must be represented by an attorney, and what kind of mark is eligible for federal trademark registration versus what kind of mark is prohibited.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.