by 3250164 | Apr 23, 2020 | Trademark Law
On April 8, the U.S. Court of Appeals for the Federal Circuit issued a trademark decision holding that a multi-color pattern on product packaging can be inherently distinctive and that this inherent distinctiveness does not require a “peripheral shape or border”...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Mar 19, 2020 | Trademark Law
The Lanham Act (federal trademark law) does not allow generic terms to be registered as trademarks, but it does allow protection for words that are considered merely “descriptive.” Unfortunately, it’s difficult to tell where the line is. Can you take a generic word...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Mar 16, 2020 | Trademark Law
If you’re opening a Mexican restaurant, you don’t call it “Jenny’s.” You choose a name that carries cultural cachet and implies what you’re selling. When a Phoenix-area restaurant opened selling Asian-Mexican fusion cuisine, it hoped to capture both cultures with its...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Mar 11, 2020 | Trademark Law
Earlier this year, President Trump signed an executive order calling for crackdown on counterfeit or pirated goods. Specifically, it targeted U.S. companies that import, or who facilitate the import of, those goods. Now, a bipartisan bill has passed the House of...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Mar 2, 2020 | Trademark Law
The publishing company Chooseco owns the “Choose Your Own Adventure” trademark once owned by Bantam Books, and it has been fighting hard to protect its rights. Over the years, it has filed suit against a number of publishers and other companies that used the phrase to...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Jan 20, 2020 | Trademark Law
Aesthetic functionality is a confusing, controversial concept in trademark law, which the U.S. Court of Appeals for the 9th Circuit will soon reconsider. A 1980 9th Circuit case called International Order of Job’s Daughters v. Lindeburg & Co. – that many do not...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Jan 10, 2020 | Trademark Law
In a Supreme Court of the United States (SCOTUS) decision, the Court found a statutory bar to trademark protection was unconstitutional. The year 2020 promises to bring more in the realm of trademark law, and it will be reported here when it happens. Clothing...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Dec 27, 2019 | Trademark Law
When you walk through a cosmetics store, the sheer number of brands and variations on packaging can be overwhelming. Translate that into the volume of intellectual property that brand owners must protect in the marketplace and there are certainly going to be...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Dec 20, 2019 | Trademark Law
The massive increase in retail sales – both from brick-and-mortar stores and from internet sources – that accompanies the holiday season can create the perfect storm within which counterfeiters can try to launch their masquerading products, hoping to go...
On behalf of Lawrence G. Townsend, Intellectual Property Lawyer | Dec 6, 2019 | Trademark Law
When a third party directs or contributes to trademark-infringing activity of another party, the direct infringer’s liability is clear, but the third party may also be liable under the concept of contributory infringement. The U.S. Supreme Court said in 1982...
