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Marks, Works & Secrets Blog

Articles: 1-10 of 74

Proud to Be an American God Bless The USA, But Not Functioning as A Trademark

USA - December 7 2020 In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to…

Slogans as marks: when does a slogan function as a mark

USA - November 4 2020 Slogans can, but do not always, function as trademarks. To be sure, the United States Patent and Trademark Office (“USPTO”) frequently allows slogans…

Lehman Brothers is Gone but Not Abandoned

USA - October 8 2020 On September 30, 2020, the Trademark Trial and Appeal Board ruled in favor of the assignee of the famous Lehman BROTHERS trademark against the…

Genericness is in the Eye of the Beholder, i.e., the Public: BOOKING.COM is a Protectable Trademark

USA - July 7 2020 On June 30, 2020, the U.S. Supreme Court (the “Court”), in an 8-1 decision, affirmed the Fourth Circuit’s holding that “BOOKING.COM” is a protectable…

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

USA - May 18 2020 On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. V. Marcel Fashion Group Inc., that a party is not…

The Parameters of Generic Marks: Booking.com before the Supreme Court

USA - May 14 2020 The Lanham Act (“Act”) makes it clear that generic terms cannot be registered as trademarks. But can an online business create a protectable…

2(b) Prohibition On “Flag Marks” Bars Use of Flag as Part of a Mark

USA - May 12 2020 In a recent precedential decision concerning the rarely litigated or cited Section 2(b) of the Lanham Act, the Trademark Trial and Appeal Board…

States Cannot Copyright Annotated Versions of Legal Codes

USA - May 4 2020 On April 27, 2020, the United States Supreme Court held, in Georgia et al. V. Public.Resource.Org., Inc., in a 5-4 decision, that Copyright Law does…

Willfulness Is Not Required for Awarding Profits in Trademark Cases

USA - April 29 2020 On April 23, 2020, the United States Supreme Court held in Romag Fasteners, Inc. v. Fossil Group, Inc., FKA Fossil, Inc., et al., that under the…

Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

USA - April 28 2020 Section 15 of the Lanham Act, subject to certain specified exceptions, provides that the right of an owner “to use [a] registered mark in commerce…