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Trademarks

Mondelez Initiates Trademark Infringement Case, Wants To Protect Children From Getting Stoned

Mondelez is suing a company called Stoney Patch for trademark infringement. It claims that THC gummy products created and sold by Stoney Patch were intentionally designed to copy the Sour Patch brand under a confusingly similar name and packaging. It additionally says that it is especially concerned about confusing children, since the packaging is likely […]

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Trademarks

Manscaping Companies Find Themselves In A Hairy Trademark Situation

The State of Illinois is home to a big new battle over the rights to use marks related to male grooming. You have definitely heard the words “manscaping” and “manscaped” used before, and now they are basically the subject of a federal court trademark dispute.

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Trademarks

Oil Company’s Arguments Not Slick Enough To Overcome Trademark Loss

Is the domain name “OrderMyOil.com” entitled to common law trademark protection? An appellate court in Massachusetts has answered in the negative.

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Trademarks

Venmo Is Not Cool With The Idea Of Being Able To Lenmo Money

In 2019, if you want a quick, easy way to send or receive money without paying a fee, you are likely using the app Venmo. It has become so popular that people will often ask to be Venmo’d money. As can be the case, a noun becomes a verb based on heightened usage.

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Trademarks

You Now Need A United States Based Lawyer For USPTO Trademark Filings

As of August 3, 2019, trademark applicants and registrants based outside of the United States will need a U.S.-based lawyer if they want to extend their protections to the U.S. A new rule announced by the U.S. Patent and Trademark Office (USPTO) states that the U.S.-based lawyer must be in good standing of a bar […]

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Trademarks

About FUCT-ing Time Supreme Court Allows Scandalous Trademarks

HOLY FUCT! The U.S. Supreme Court previously decided that it would hear a case that involves the refusal of a trademark application for the word “FUCT” in conjunction with its use on apparel. On June 24, it issued its opinion and determined that the U.S. Patent and Trademark Office should not be able to refuse […]

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Contracts Intellectual Property

For-ev-ver? The Importance Of Specific Survival Language In Contracts

What does the termination of a contract do to certain intellectual property rights that were granted, in perpetuity, from one party to another within that document? A recent ruling in the U.S. Southern District of New York can be instructive on this issue.

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Copyright Entertainment Law

Pandora Rocked With A Lawsuit For Displaying Lyrics Without Consent

A copyright infringement lawsuit has been filed against the popular music streaming service Pandora. The Complaint, filed by Wixen Music Publishing, alleges that Pandora has continued to exploit lyrics to musical compositions without authorization. It includes a schedule of musical compositions, but indicates that there are likely many more that have not been included in […]

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Trademarks

Catching Up With Some Recent Heitner Legal Client Trademark Registrations

We love it when clients are able to beat our projection of 9-12 months from trademark application to registration. One client to recently capture that prize is Influential Drones LLC, which was awarded its registration for “Influential Drones” on May 14, 2019. The filing date of the application was September 18, 2018, which means that […]

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Sports Law Trademarks

LA Times Highlights The Smart Personal Branding By Fred VanVleet

We love a recent article written by Dan Woike of the Los Angeles Times. Titled, Branded or not, Raptors teammates sport their own signature gear, Woike looks at how various members of the Raptors are taking branding into their own hands, with some going the extra step to ensure that their marks are protected. One athlete featured in […]