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29 Jun 2019, 4:38 am
Tommy Hilfiger realized that when it (unsuccessfully) tried to register its iconic flag logo as a copyright work with the US Copyright Office.Riana Harvey, a soon-to-be graduate of the University of Southampton, explains what happened.Here's what Riana writes:US copyright registration for the Tommy Hilfiger Flag denied due to insufficient originalityby Riana HarveyWhen it comes to matters of flags and intellectual property rights, the use of flags in trade marks may come to… [read post]
28 Jun 2019, 11:08 am by Conrad B. Wilton
   For instance, Kagan notes the USPTO granted registration of marks to the Drug Abuse Resistance Education (D.A.R.E.) program while refusing to register the marks “BONG HITS 4 JESUS”, “YOU CAN’T SPELL HEALTHCARE WITHOUT THC”, and “MARIJUANA KOLA. [read post]
28 Jun 2019, 4:21 am by Edith Roberts
Mark Walsh offers a parting “view” from the courtroom for October Term 2018 for this blog. [read post]
28 Jun 2019, 3:43 am by SHG
S., at 770 (internal quotation marks omitted). [read post]
28 Jun 2019, 3:00 am by Jim Sedor
Supreme Court Says Federal Courts Don’t Have a Role in Decidi [read post]
28 Jun 2019, 2:21 am by Sander van Rijnswou
"The grant of a patent marks a point defining the rights of the patent proprietor over third parties. [read post]
27 Jun 2019, 12:41 pm by Evelyn Douek, Kate Klonick
If you were hoping for decisions on what the next steps will be—or even what they should be—this report isn’t that. [read post]
26 Jun 2019, 9:01 pm by Vikram David Amar
(Illinois approved the measure on June 10, 2019, and for technical reasons then re-approved it a week later, but June 10 marks Illinois’ official adoption and serves to distinguish Illinois as the first state to sign on.) [read post]
26 Jun 2019, 12:07 pm by Marina Chafa
As we previously covered, Brunetti brought a First Amendment claim against the provision of the Lanham Act that prohibits “[immoral] or scandalous matter. [read post]
26 Jun 2019, 3:58 am by Edith Roberts
” At Allen Matkins, Keith Bishop notes that the decision “almost certainly invalidates California’s ban [on immoral and scandalous marks] as well. [read post]
26 Jun 2019, 3:26 am
It wasn't even clear that the declarants understood that the subject matter of the mark was the design impression made in the snow.TrackFin has "used" the mark for at least 20 years, but of course that fact alone does not establish distinctiveness. [read post]
25 Jun 2019, 9:01 pm by Michael C. Dorf
Should the government be permitted to deny trademark registration to the likes of FUCT (or, for that matter, FUCKED), under a more narrowly worded statute? [read post]
25 Jun 2019, 12:16 pm by Rebecca Tushnet
A registration bar wouldn’t harm First Amendment interests much, because businesses would remain free to use the terms, even as marks, and could still register other marks. [read post]
25 Jun 2019, 6:30 am by Guest Blogger
I call attention to these features in order to engage a matter Lessig invites, namely, the question of whether his theory is falsifiable. [read post]
25 Jun 2019, 3:00 am by John Jenkins
  The Q&A is what you want to see, and that starts around the 20 minute mark. [read post]
24 Jun 2019, 4:52 pm by Mark Nieds
Reviewing the FUCT application, the USPTO applied its general test of for those marks that might be considered as comprised of immoral or scandalous matter. [read post]