Lanham Act

  • Fifty Dollars a Signature: The Continued Rise of Trademark Filing Mills

    Fifty Dollars a Signature: The Continued Rise of Trademark Filing Mills

    Anthony Cartee

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    Fifty dollars a signature. That’s what one company offered me for putting my name, and my law license, on up to 150 U.S. trademark applications a month. I said no. A few attorneys who get that same offer don’t. What They Were Actually Asking For This wasn’t really an offer to hire an attorney. It was an offer to rent one. Click approve, and their system would enter all the application information and file with the USPTO, no real review required beyond that single click. Three to five minutes per case, they told me, and the status updates would take… Read More

  • Rights and Priorities: Foreign Trademark Applicants and Section 44

    Rights and Priorities: Foreign Trademark Applicants and Section 44

    Anthony Cartee

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    Foreign Trademark Applicants – Breaking Down Section 44: How Foreign Trademark Applicants Can Obtain U.S. Trademark Protection Section 44 of the U.S. Trademark Act, also known as the Lanham Act, provides an important and convenient avenue for foreign trademark owners to apply for trademark registration in the United States. Foreign trademark applicants have two options under this Section of the Lanham Act, they can file a Section 44(e) application and use their foreign registration as the basis for obtaining a U.S. registration, or they can file a Section 44(d) application and rely on their foreign application to secure a priority… Read More

  • Fandom and Fair Use – Fan Art

    Fandom and Fair Use – Fan Art

    Anthony Cartee

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    Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations are wholly original and do not constitute copyright infringement, sometimes these works can cross the line and open the door to legal liability. What is Fan Art and How Does It Relate to Copyright Law? Many fans enjoy creating original artwork based on their favorite… Read More

  • The Legal Landscape of Landscape Design

    The Legal Landscape of Landscape Design

    Anthony Cartee

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    Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should know their legal rights when others copy or take credit for a unique landscape design or painstaking landscaping plan. Copyright Protection for Landscape Design First, landscape designers are entitled to copyright protection in their landscape designs i.e. the technical landscape plan or even a rough… Read More

  • Nominative Fair Use: One Defense Against a Brand Bully

    Nominative Fair Use: One Defense Against a Brand Bully

    Anthony Cartee

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    Understanding Brand Bullies On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as a trademark bully, a brand bully is a company that resorts to litigation and uses its trademark rights to harass and intimidate another business without a sound legal basis. These companies often file oppositions against marks or the use of their alleged mark that would not directly or substantially damage them. The brand bullies primarily rely on their “fame” or “strength” of their marks, and the smaller business’s lack of resources for prolonged litigation. Typically, these brand… Read More

  • Do Two Generics Make a Trademark Registration?

    Do Two Generics Make a Trademark Registration?

    Anthony Cartee

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    SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S. ___, earlier this year has rejected that per se rule, which means such generic combinations have the potential to become protectable trademarks. Under the Lanham Act, a mark must be distinctive in order to obtain protection. As such, generic terms alone cannot be protected as… Read More

  • Renewing Your Trademark-Excusable Non-Use

    Renewing Your Trademark-Excusable Non-Use

    Anthony Cartee

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    Renewing Your Trademark-Excusable Non-Use Renewing Your Trademark – Even after you have successfully registered a mark with the US Patent and Trademark Office, you are not done in ensuring your mark stays registered and protected. Your trademark application must be renewed 5-6 years after your first registration in order to maintain that registration. You must also renew the year before every ten-year period after the date of registration. Typically, when you renew a trademark, one of the requirements is showing that you have used the mark in commerce continuously since it has been registered. Absent a showing of “use,” your… Read More

  • Trade Dress Rights – Beyond Words & Logos

    Trade Dress Rights – Beyond Words & Logos

    Anthony Cartee

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    Trade Dress Rights – Beyond Words & Logos Trade Dress Rights – Trade dress is a form of intellectual property. Trade dress is the visual element or aesthetics of a product or its packaging. Trade dress can be the visual appearance of a product or packaging that signify the entity behind the product to consumers. Think Coca-Cola. Think about that green Gecko lizard commercials (the trade dress) behind the Insurance Entity: GEICO. Trade dress is often divided into two categories: product packaging and product configuration. TWO EXAMPLES – Trade dress rights have been granted to the physical shape of Coca-Cola’s… Read More