Features
Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks?
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
Columns & Departments
Bit Parts
Consumers' Digital Music Price-Fixing Suit Ruled No "Class" Act<br>Marshall Tucker Band's Former Manager Loses Bid for Attorney Fees After Prevailing in Trademark Action Brought Against It By the Band
Columns & Departments
Supreme Court News
'Disparaging' Trademarks Decision<br>High Court Declines Takedown Notice/Fair Use Case
Columns & Departments
Bit Parts
Mash-Up of Dr. Seuss/Star Trek Components Is a Fair Use
Features
"'Google' It" Is a Protected Trademark
Consumers might use "Google" as a verb, but that doesn't mean Google's trademark for its search engine is generic.
Features
New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
Features
Implications of U.S. Supreme Court Justices' Comments During 'Slants' Trademark Dispute Oral Arguments
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, <i>Lee v. Tam,</i> focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.
Features
New Hockey Team's Trademark Dispute Nothing New
What happens in Vegas does not necessarily stay in Vegas. Such was the recent ruling by the USPTO that denied registration of the trademarks "Las Vegas Golden Knights" and "Vegas Golden Knights" to the newest NHL franchise, due to their similarity to Golden Knights of the College of Saint Rose, a mark owned by a small college in Albany, NY.
Features
Trademark Board Amends Its Rules of Practice
Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.
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