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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...
Article

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…
Article

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...
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
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