Does Rob Gronkowski spiking a football remind you of Michael Jordon dunking from the foul line? Nike thinks it does! Through his company, Gronk Nation, LLC, New England Patriots tight end Rob Gronkowski filed a trademark application for the following silhouette of himself spiking a football. While the USTPO approved the application for publication, Nike … Continued
A few months ago we reported on a case in which the U.S. Trademark Office had refused registration of THE SLANTS as a trademark for live musical performances as being disparaging of people of Asian descent. Last week the U.S. Supreme Court concluded that the basis for that refusal, the Trademark Act’s “disparagement clause”, was … Continued
We enjoy seeing our patent and trademark clients become successful. When a brand becomes so successful that simply everyone knows it and talks about it, however, a new threat to trademark rights arises: the threat of a trademark becoming the “generic” term for a class of goods and/or services and incapable of being a trademark. This … Continued
The first US Patent Act was passed in 1790, yet in 2017 the Supreme Court is still issuing foundation-altering decisions. Recently two separate cases altered long standing legal principles. First, in SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC, et al., the Court ruled that laches may no longer be used … Continued
Maybe Not. In May, 2015, Apple was awarded $399 million dollars in a judgment against Samsung for infringement of three design patents. The amount of the award was 100% of the profits Samsung obtained through its sales of the infringing smartphones. The design patents generally covered the shape of the original iPhone and its user … Continued
