A Law Report: Nominative Fair Use in Trademark Law

By: Ian McClure
globe_trademark

This post will be a break from the usual report or opinion regarding the IP market. I have encountered a rarely used but potentially case-changing doctrine in trademark law with a lot of bite - should it ever be adopted by the U.S. Supreme Court, or codified.  I thought the issue could use some exposure. This piece will read a little bit more like a law review article (I apologize), but bear with me - this is important and interesting stuff! Fair ... Read More

Categories: Trademark Trends

The False Markings Cases: Frivolous or Fighting Fraud?

By: Ian McClure
solocup

When a company deceives the consuming public, or exercises anti-competitive business practices in order to gain market share, we usually punish them. This is why a Washington attorney, in March of 2007, sued Solo Cup, and then Gillette, for claiming their products were protected by patents when in fact they were not. The story of Matthew Pequignot is not new. He found an archived legal hole that allows any citizen to sue on behalf of the government if they can prove that ... Read More

Categories: Trademark Trends

Martin Luther King, Jr. Has a Dream … and a Brand

By: Ian McClure
118671

We are in the midst of two extremely important days for Americans, one of which is annual, and the other is one of the most important days ever. In light of today's holiday in celebration of Dr. King's life and accomplishments, which led the way for the next President of the U.S. to be inaugurated tomorrow, I'd like to discuss a subject that has somewhat marred Dr. King's legacy . . . his brand. There has been some conversation in the world ... Read More

Categories: Trademark Trends

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