Blog
Speaking of CEDAR POINT and KNOTT’S BERRY FARM…
On October 31, we blogged about the oldest “live” trademark registration at the USPTO which contains the word HALLOWEEN. As we wrote, the mark is “’HALLOWEEN HAUNT,’ registered in 1989 and claiming first use of the mark in 1987 for amusement park services. It is...
Supreme Court Hears “TRUMP TOO SMALL” Trademark Case
On Wednesday, November 1, the U.S. Supreme Court heard oral argument to determine if “TRUMP TOO SMALL” is a registrable trademark when the mark contains the name of a living individual (Donald Trump) and that individual has not consented to registration of the mark. ...
Holiday Trivia (It’s Never Too Soon For)
We have mentioned in a prior post that, unlike a patent, a trademark registration can last forever. If you continue to use the mark with the goods or services described in the registration, then the registration may be indefinitely renewed so long as the required...
Halloween Patents – Utility vs. Design
We recently posted about the 1 Millionth design patent issued by the USPTO. In that post, we briefly explained that a design patent "protect[s] the look or design of an invention rather than the way the invention works." On the other hand, a utility patent protects...
USPTO Issues 1 Millionth Design Patent Since 1842!
The USPTO recently announced that it has issued the 1 Millionth design patent! Patent No. US D1,000,000 is titled “Dispensing Comb” and protects the below design: Design patents are a unique type of patent in that they protect the look or design of an invention...
Generative AI Generates Copyright Authorship Mess
In September 2023, the U.S. Copyright Office rejected yet another attempt to secure a copyright registration for artwork which was created, in part, with generative artificial intelligence. The Work is titled “Théâtre D’opéra Spatial”, and it was created by Jason M....
The Copyright Claims Board – New Rules In Effect Today
In 2020, the Copyright Claims Board (“CCB”) was “established as an alternative and voluntary forum for parties seeking to resolve certain copyright-related disputes that have a total monetary value of $30,000 or less.” See: https://ccb.gov/about/. The first CCB...
USPTO Visits Girl Scouts National Convention in Orlando, Florida
In July 2023 the Girl Scouts of the USA held its National Convention in Orlando, Florida where Beusse Sanks, PLLC’s home office is located. We had a chance to attend and were amazed at the STEM-related activities and information. Among scores of other booths,...
UPDATE: Dog Toy Shaped Like Jack Daniel’s Bottle May Be Trademark Infringement
In November of last year we blogged about how the United States Supreme Court had four intellectual property cases lined up for decisions. One of those cases was JACK DANIEL’S PROPERTIES, INC. V. VIP PRODUCTS LLC, and the Supreme Court reached a unanimous decision on...
UPDATE: Guitar-Shaped hotel is “inherently distinctive”
In September of last year we blogged about some Florida-based brands battling out trademark disputes at the United States Patent and Trademark Office's ("USPTO") Trademark Trial and Appeal Board ("TTAB"). One of those was a dispute between the Seminole Tribe of...
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