Law: Lanham Act 1946 (USA)

Took a DNA test, turns out 100% THAT BITCH is 100% registrable

The Trademark Trial and Appeal Board found that most consumers would perceive the mark 100% THAT BITCH as being associated with Grammy-winning artist Lizzo, rather than as a commonplace expression.

10 March 2023

Second Circuit, Federal Circuit and TTAB crossroads: Cuban embargo or Pan-American Convention?

In the latest instalment of this 25-year-old dispute between Cubatabaco and General Cigar, the TTAB ruled in favour of Cubatabaco and granted a petition for cancellation of two COHIBA marks under Article 8 of the Pan-American Convention.

06 February 2023

On the border of art and trademark: First Amendment trumps the Lanham Act

In this dispute between the owners of the Flora-Bama Lounge and the producers of the reality series Floribama Shore, the 11th Circuit has found that the First Amendment protected use of an artistic work that was not deliberately misleading.

23 January 2023

Functionality dooms alleged trade dress protection

The case shows that a party alleging trade dress infringement should consider the strength of its non-functionality arguments.

10 January 2023

First Amendment punches out alleged Lanham Act violation

The case addresses the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression.

03 January 2023

TTAB: “prominent portion” of varietal name cannot be registered as trademark

Marks that constitute the “prominent portion” of a varietal denomination are unregistrable under Sections 1, 2 and 45 of the Trademark Act, because they are generic for the varietals they identify.

16 December 2022

Press # for options, but not for a trademark registration

The case serves as a reminder of the importance of shepherding a trademark’s use in commerce.

13 December 2022

Ninth Circuit uncorks new way to serve trademark complaints

Section 1051(e) of the Lanham Act allows a plaintiff in a district court case to serve a complaint against a foreign defendant via the director of the USPTO.

07 December 2022

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