Earlier this month, the Supreme Court tied up loose ends in a case that is being called "the most significant unresolved legal issue in trademark licensing.” The Court ruled 8-1 in the case of Mission Product Holdings, Inc. v. Tempnology, LLC (Supreme Court May 2019)...
In May, I attended the International Trademark Associations (INTA) Annual Conference in Boston. One session I found particularly interesting involved marketing professionals and trademark lawyers discussing how to work together to create a strong brand for a client....
Last week, I had the pleasure of attending the Defense Research Institute (DRI) Intellectual Property Litigation seminar in Austin, Texas. During the course of the seminar, I had the opportunity to talk with an expert in consumer surveys for trademark infringement...
On April 15, 2019, the United States Supreme Court heard oral arguments in the case of Iancu v. Brunetti. Erik Brunetti’s legal team successfully argued to the US Court of Appeals for the Federal Circuit that the USPTO should approve registration of the mark “Fuct”...
On April 11, 2019, the members of the Chester Bedell American Inn of Court experienced a thought-provoking and entertaining presentation by musician Simon Tam. Tam was the persistent force that led to the U.S. Supreme Court decision in Matal v. Tam, 137 S. Ct. 1744,...
Written by Guest Author, Marks Gray Associate Logan McEwen Trademarks in Canada are looking at a major overhaul effective June 17, 2019 as Canadian legislation adopting the Singapore Treaty, Nice Agreement, and Madrid Protocol are implemented. How the Canadian...
With a trademark licensing agreement, a registered trademark owner (the licensor) receives a negotiated royalty in exchange for allowing another party (the licensee) to use the licensor’s trademark. The licensor receives revenue for the use of their mark without the...
You have a product with a very specific smell. It makes your product absolutely unique. In fact, the scent is so unique that you want people to associate it with your product and nothing else. Can you register the scent as a trademark? It is possible to register a...