Category Archives: Trademark & Trade Dress

Glaser Weil is pleased to announce that Partner and Head of the Trademark, Copyright and Media Practice Erica Van Loon has been named to Law360’s “Rising Stars” list, which recognizes top legal talent under the age of 40 with outstanding … Continue reading

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In a recent landmark ruling, the Federal Circuit, sitting en banc, held that Section 2(a) of the Lanham Act’s ban on “disparaging” marks violates the First Amendment.[1]  Section 2(a) provides that no trademark shall be refused registration “unless it consists … Continue reading

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The Association of Media and Entertainment Counsel (AMEC), the leading trade association serving general counsel and business affairs attorneys, has named Glaser Weil the 2016 Law Firm of the Year. Michele McShane, Assistant General Counsel and Senior Director of IP … Continue reading

Posted in AMEC, Copyright & Idea Theft, Intellectual Property, Trade Secret & Unfair Competition, Trademark & Trade Dress, Uncategorized | Tagged , , , , | Comments Off on Glaser Weil Named AMEC’s Law Firm of the Year

On March 24, 2015, the U.S. Supreme Court issued its long-awaited decision in the case of B&B Hardware, Inc. v. Hargis Indus., Inc. B&B Hardware owned the federally registered trademark SEALTIGHT for use in connection with fasteners and related hardware … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , , , , , , , | Comments Off on B&B Hardware, Inc. v. Hargis Industries, Inc. – U.S. Supreme Court Holds TTAB Decisions Can Have Preclusive Effect on District Courts

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain provisions of the Lanham Act. As we previously … Continue reading

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It’s a historic week for trademarks!  On January 21, 2015, the U.S. Supreme Court issued a decision in the case of Hana Financial, Inc. v. Hana Bank, which marks the high court’s first substantive ruling on trademarks in more than … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , , , , , , , , , , | Comments Off on Who A-Tacks a Decision on Tacking? U.S. Supreme Court Rules That Tacking Trademarks to Gain Earlier First Use Is a Question Of Fact

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

You are a trademark licensee, and your licensor suddenly declares bankruptcy.  Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement.   What does this mean for you?  Although intellectual property rights are protected under Section 365(n) of the … Continue reading

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“Priority of use” is a key issue in any case involving a trademark ownership dispute. As the Ninth Circuit has explained, “To acquire ownership of a trademark it is not enough to have invented the mark first or even to … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , , , , , , , , | Comments Off on Hana Financial, Inc. v. Hana Bank: U.S. Supreme Court to Decide Whether Tacking Trademarks to Gain Earlier First Use is a Question for the Court or the Jury

It’s not just the Redskins anymore!  Following the cancellation of the Redskins trademark earlier this summer, the Trademark Trial and Appeal Board has issued another football related decision regarding the New York Giants’ trademark of their commonly used nickname, the … Continue reading

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