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Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 15 Aug 2018
Honey badger don’t care - transforming trademark infringement into artistic or expressive works
After his video about African honey badgers went viral, Christopher Z Gordon began policing third-party use of the catchphrases. In a recent case against greeting cards manufacturers...
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 8 Aug 2018
Two iconic brands - Federer's uncertain hope to obtain the RF logo from Nike
Although Nike no longer has a clothing contract with Roger Federer, it still owns the trademark registration for the iconic stylised RF logo. However…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 8 Aug 2018
USPTO must pay its own attorneys’ fees
The Federal Circuit Court of Appeals en banc has rejected the USPTO’s attempt to obtain attorneys’ fees in a de novo civil action. It rejected...
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 25 Jul 2018
Nike Jumpman logo: not yet a slam dunk
Nike had seemingly won the copyright contest over its iconic Jumpman logo when the Ninth Circuit Court of Appeals issued its opinion of…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 11 Jul 2018
Federal Circuit expands generics - including ZERO for soft drinks
The Federal Circuit recently vacated and remanded the Trademark Trial and Appeal Board’s decision that the term ‘zero’ is not generic for soft drinks…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 4 Jul 2018
Patent owners can recover lost foreign profits
The US Supreme Court has issued a decision finding that patent owners can recover lost foreign profits resulting from a specific type of infringement…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 27 Jun 2018
Who is the real MASTERMIND?
The Ninth Circuit Court of Appeals has reversed a district court’s decision to invalidate a US Patent and Trademark Office registration for the mark…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 20 Jun 2018
Balance between brand protection and artistic expression: strengthening the First Amendment
Two recent decisions reflect the increasing strength of free speech rights for authors of expressive works and the elevation of those rights over…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 13 Jun 2018
Multi-district states and burden of persuasion: Federal Circuit resolves issues of venue
The Federal Circuit has resolved two issues regarding venue, ruling that a domestic corporation resides only in the single judicial district within…
Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 23 May 2018
Trademark and branding pitfalls in a hashtag culture
With viral marketing using social media hashtags on the rise, some practitioners predict an increase in the use of the merely informational refusal…
