Business Law Business Law Resources Trademark Law

Potty-Mouthed Trademarks — Supreme Court to Decide if Federal Prohibition Against Registering Them is Constitutional

It has not been two years since the Supreme Court issued its opinion in the case of Matal v. Tam – a case touching upon an issue near and dear to all of us – free speech.  That case involved the situation in which, Simon…
Business Law Business Law Resources Patent Law Trademark Law

The Ongoing Ambiguity Over Which Inventions Are Patentable And Which Are Not – The Patent Office’s New Guidelines

On January 7, 2019, the United States Patent and Trademark Office issued new 2019 guidelines on how it will go about determining whether an invention is one which the law allows to be patented.  If you have been following the news on this topic then…
Patent Law Trademark Law

UNITED STATES PATENT AND TRADEMARK OFFICE ADOPTS FEDERAL COURT CLAIM CONSTRUCTION STANDARD IN PROCEEDINGS AT THE PATENT TRIAL AND APPEAL BOARD

On October 10, 2018, the United States Patent and Trademark Office (USPTO) published a Final Rule in the Federal Register, changing the patent claim construction standard used by the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR), post-grant review (PGR), and covered…
A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet.
Business Law Business Law Resources Trademark Law

A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet

What’s in a name?  Quite a lot, actually.  Most entrepreneurs are aware that their businesses’ trade name has value as a trademark or service mark and that using someone else’s name could expose them to liability for infringement, but that’s only part of the story. …
Trademark Law

NO SAFE SPACE FROM OFFENSIVE TRADEMARKS! SUPREME COURT RULES LAW PROHIBITING REGISTRATION OF DISPARAGING TRADEMARKS IS UNCONSTITUTIONAL

Last fall I wrote a post about the pending case, Matal v. Tam, before the United States Supreme Court that had implications for everyone.  The blog dealt with a section of the federal trademark statute, 15 U.S.C. § 1052(a), which authorizes the United States Patent…
Trademark Law

Schlafly Brewery Shows How to Make a Sour Blonde: Wins Trademark Dispute Against Phyllis Schlafly

It is not often that craft beer lovers and ordinary St. Louisans will take interest in a trademark dispute. However, one such case caught the attention of both demographics. In this regard, long-standing conservative activist, Phyllis Schlafly, and her son, Dr. Bruce S. Schlafly, filed…