Sometimes, thankfully, intellectual property law proves to be downright comical. The case we examine this week taps the funny bone and reads like the setup of a joke: How many artists does it take to duct tape a banana to a wall? To be more specific, how many artists...
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Why Iron Maiden Thinks Consumers May Be Confused By a Proposed Trademark
Recently, a new undergarment company specializing in clothing accessories like bras, corsets, lingerie, shapewear, and underwear filed a trademark application. But a seemingly unlikely adversary has risen up to fight back against that application: legendary heavy...
INTA Conference: Monumental Trip to Singapore
When the International Trademark Association (INTA) announced several years ago that the 2020 Annual Meeting was going to be in Singapore, I debated whether or not I should attend. Many of my friends in the organization encouraged me to attend this international...
The Right to Copyrights: How Should Ownership Be Passed on After Death?
Imagine that you are the landlord of an elderly, reclusive tenant who has been with you for decades. Right before the tenant dies, he is moved to a nursing home and tells you he does not need anything from his apartment. It is all “yours.” He certainly does not give...
Marks Gray Expands Intellectual Property Practice
JACKSONVILLE, Fla., June 14, 2023 – Marks Gray, housing one of the region’s largest full-service intellectual property practices, has expanded with the addition of a patent agent. Josephine Chen has joined the practice as a patent agent registered to provide patent...
Who Owns the Air Rights in Sarasota?
To real estate outsiders, the concept of air rights often comes as an almost whimsical surprise. “You can own the sky above a building? I didn’t even know that was a thing!” But for the initiated, it is well understood that the air above a building can greatly affect...
The Complexities of a Trademark for a Shape
Can you register a trademark for a shape if that shape defines your product? The answer, in typically maddening IP law manner, is: Yes… but it depends. And for shapes specifically, the factors are stricter than a word or logo mark. A recent filing by the grower Little...
Taco Tuesday Trademark
Sometimes your business does not need to register a mark to make headway in its marketing – sometimes it is more beneficial to file a Petition for Cancellation of a trademark before the Trademark Trial and Appeal Board (TTAB). This action may help if ownership of the...