On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit (CAFC) struck down the portion of the Lanham Act (aka the Trademark Act) which prevented immoral or scandalous trademarks from being registered with the United States Patent and Trademark Office (USPTO). The CAFC’s decision involved the term FUCT (In re Brunetti) […]
The U.S. Supreme Court has agreed to review a case which should clarify the longstanding question of whether a copyright owner requires a federal copyright registration in order to bring a federal suit. The Supreme Court will hear the case (Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC) and is expected to clarify the issue […]
On March 4, 2019, the U.S. Supreme Court unanimously ruled that a copyright owner must have a federal copyright registration in order to sue a potential infringer in federal court. Simply filing a federal copyright application is not enough to file a federal suit. The decision comes after the court agreed to review a copyright […]
Beginning June 17, 2019, sweeping changes to Canadian trademark laws will finally be in effect. The transition comes after longtime lingering rumors. United States entities that conduct business in and are trademark owners in Canada should be aware of some of these key changes. The ultimate goal is to align Canadian practice with other jurisdictions […]
July 29, 2020 When attempting to secure certain intellectual property rights, it is best to have a game plan in place before taking the field. This plan should be enacted timely and include provisions to overcome potential obstacles as identified in the plan. As any new sport season brings its normal set of challenges, a […]
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