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In a nearly 50-page precedential opinion, a Trademark Trial and Appeal Board (TTAB) panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. In ruling also of great significance to the entertainment industry, the TTAB panel ordered cancellation of a registration for TAO VODKA for alcoholic beverages, excluding beer, because the registrant had not used the trademark in commerce as of the filing of its declaration of use, and the trademark was likely to cause confusion with the registered mark TAO for restaurants and nightclubs, which the TTAB held is famous. Tao Licensing LLC v. Bender Consulting d/b/a Asia Pacific Beverages, 92057132 (TTAB 2017).
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By Stan Soocher
The U.S. Copyright Act states that a civil copyright action must be filed within three years of its accrual. How this applies to copyright infringement and to copyright ownership claims, including in the same case, isn’t always clear. But two recent federal appeals courts decisions have provided guidance on the differences in accrual for each of these copyright claims.
By Dylan Jackson
As millions of Americans turned to television and movies for diversion and comfort amid the coronavirus pandemic and resulting business shutdowns, the companies that create that content were left scratching their heads about how to resume business safely when they are allowed. Davis Wright Tremaine launched a new group in hopes of providing the answers.
By Jenna Greene
Latham & Watkins partners Michele Johnson and Jamie Wine turned the tide for the U.S. Soccer Federation in a high-profile — and highly sensitive — wage discrimination lawsuit by the U.S. Senior Women’s National Team. In this Q&A, Johnson and Wine discuss their perspective on the case
By Sidney S. Fohrman and Ariel D. Shpigel
After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians’ unique niche in the California economy.