Trademark Law

498 ABA Journal articles on Trademark Law.

Judge rules in battle of law firms using same initials in their names
A law firm that used the P and M initials in its name didn’t infringe the trademark of another law firm that used the same initials, a Texas judge has ruled.
A purr-fect ending for Grumpy Cat is a $710K win in court
Star of memes Grumpy Cat has a savvy owner who's leveraged the feline's sourpuss face to produce branded products, score a commercial spot and obtain a “spokescat” deal.
Rash of UPL lawsuits filed by LegalForce show its failure to compete, defendants say
Raj Abhyanker is up in arms against legal technology companies he believes are practicing law without a license.

With the growth of online services that assist people filing trademarks and patents, Abhyanker says he has seen his business suffer because “I can’t do what they’re doing, but they can do what I’m doing.”
Nonlawyers at LegalZoom performed legal work on trademark applications, UPL suit alleges
A complaint filed Tuesday in the Northern District of California alleges LegalZoom has engaged in the “unauthorized practice of law, false advertising, unfair competition and other claims with respect to preparation and filing of trademark applications" before the U.S. Patent and Trademark Office.
Town crier delivers Bud Light’s cease-and-desist letter to craft brewer over its ‘Dilly Dilly’ beer

Bud Light delivered a cease and desist letter on Friday to a Minneapolis-based craft brewer using a man dressed as a town crier who declared in a theatrical tone that…

Law grad settles claims that Chobani co-opted his ‘how’ philosophy in a marketing campaign

A Harvard law grad who helps businesses create ethical cultures has settled state and federal lawsuits that claimed an advertising agency for Chobani yogurt co-opted his “how” philosophy with a…

Christian group sues Southern Poverty Law Center over hate-group designation

Updated: A conservative Christian group claims it was defamed by the Southern Poverty Law Center’s placement of the ministry on its “hate map” for “anti-LGBT” views.

The federal suit by…

Lawyer and businessman seek to trademark N-word variation to thwart racists

A Virginia lawyer and a Mississippi man are seeking to trademark a variation of the N-word in a bid to control use of the word and thwart racists.

Alexandria lawyer…

Chicago law firm files trademark suit against rival that also uses O’Keefe in its name
Updated: The politically connected Chicago law firm of O'Keefe Lyons & Hynes claims a suburban law firm is confusing the public by using O’Keefe in its name.
Supreme Court makes venue shopping harder for patent trolls

Could this be the end of out-of-town patent lawyers flocking to Marshall, Texas? They’ve become known for showing up in luxury cars, ordering catered gourmet meals for their trial war rooms and running up expensive hotel tabs. That’s the future some observers predict for the top destination for patent infringement lawsuits after a U.S. Supreme Court decision limited the venues where such suits may be filed.

Supreme Court strikes down ban on disparaging trademarks
The U.S. Supreme Court on Monday struck down a provision of the Lanham Act that denies registration for “disparaging” trademarks.

The court ruled in an appeal by Simon Shiao Tam, who wants to trademark the name of his Asian-American rock band, the Slants.
PayPal sues Pandora over the letter ‘P’

PayPal claims in a trademark infringement and dilution suit that Pandora’s blue, capital “P” logo, adopted in October, “openly mimics” PayPal’s double P logo.

The suit (PDF), filed last…

Google retains its trademark though the name is used as a verb, appeals court says

A federal appeals court has ruled that Google has not lost trademark protection for its name even though some people use “google” in a generic sense as a verb for…

Avvo wins default $2 million judgment against alleged creators of fraudulent imitation site

On Tuesday, Avvo announced that it had won its lawsuit against hackers and phishers who were accused of creating a rip-off site designed to trick lawyers and customers into disclosing…

Supreme Court considers 3 First Amendment cases this term
The First Amendment takes a leading role before the U.S. Supreme Court this term. A case decided Wednesday, along with two others, could impact a slew of important free speech principles, including commercial speech, the government speech doctrine, online privacy, the right to receive information and ideas, speech vs. conduct and the viewpoint discrimination principle.

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