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 the client received an early surprise.
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 the piece is Raptors guard Fred VanVleet, who contributed 21 points in the Raptors Game 5 victory against the Milwaukee Bucks in the Eastern Conference Finals. Woike has taken notice of VanVleet’s ambition and desire to protect and build his own brand, and Heitner Legal has assisted throughout the process.
Typically, each party must pay its own attorney’s fees in litigation. The exception is when a contract contains a prevailing party clause or a statute provides that the prevailing party is entitled to a reimbursement of reasonable attorney’s fees.
One such statute is the Lanham Act, which permits an award of reasonable attorney’s fees only in “exceptional” trademark-related cases. The difficulty is in figuring out what it takes to label a case as “exceptional.”
What happens to a trademark licensing agreement when the licensor files for bankruptcy? It is an issue that was just reviewed by the U.S. Supreme Court in the case of Mission Product Holdings v. Tempnology.
The highest court held that filing for bankruptcy does not deprive the licensee of its rights to use the licensed trademark. It ruled as such desptre the Bankruptcy Code’s edict that debtors may reject any contract that neither party has finished performing.
Internet personality Logan Paul, who has millions of subscribers on his YouTube channel, has been sued for copyright infringement. The Complaint, filed in the U.S. District Court for the Central District of California, alleges that his composition “No Handlebars” willfully infringes on an original composition by Flobots titled, “Handlebars.” The original was written and recorded in 2005. Paul released “No Handlebars” in November 2017.
The rock band Guns N’ Roses has been around since 1984 and is a known name in the music industry to just about everyone in the United States. While the band members have spent most of their lives creating and performing music, they are now going to be occupied with litigating a trademark infringement lawsuit in federal court.
Attorney-client privilege, the confidentiality of communications between lawyer and client, is a protection for discussions between those two parties. How strict is that rule? What if a public relations firm has access to the communication? Is the privilege lost?
We have been asked by many clients whether we can assist them with registering trademarks connected to the sale of cannabis and cannabis-related goods and services. In the past, we needed to be very creative to push applications through to registration. Now, the U.S. Patent and Trademark Office (USPTO) may be making things a bit simpler for us and our clients.
MomoMilk LLC, the owner of trademark registrations to the word mark “MILK BAR” and design marks for a stylized versions of “milk,” has filed a federal lawsuit against Milk Bar, LLC in Illinois. The plaintiff claims that the defendant has infringed on its trademarks based on the defendant’s use of a confusingly similar stylized design mark for “jojo’s milkBAR” in connection with a bar and confectionery it opened in Chicago.
Mr. Darren Heitner is one of a select group of University of Florida alumni named to this year’s prestigious “40 Under 40.” Honorees receiving 2019 Outstanding Young Alumni awards were recognized during a campus ceremony on Saturday, April 13.