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LimeGreenIP News

Brendan C. Quinn

Posts by Brendan C. Quinn

Pirates of the Caribbean copyright suit must walk the plank

The Central District of California recently sank a copyright infringement lawsuit against the Walt Disney Company’s Pirates of the Caribbean film franchise, finding that numerous elements of the Plaintiffs’ allegedly similar screenplay were either lifted directly from the eponymous ride at Disney’s theme parks or constituted unprotected scènes-à-faire common to all tales about pirates. Disney’s

Supreme Court Strikes Down Bar to Registration of “Immoral” or “Scandalous” Trademarks

Today the US Supreme Court announced its opinion in Iancu v. Brunetti, holding that the Lanham Act’s provisions barring the registration of “scandalous” or “immoral” trademarks are unconstitutional under the First Amendment. The facts are straightforward:  Erik Brunetti applied to register the trademark FUCT for millennial street clothes.  The USPTO denied registration under Section 2(a)

The A-CBDs of Registering Hemp-Related Trademarks: New Guidance from the USPTO

Brand owners seeking to register cannabis-related trademarks take note: the U.S. Patent and Trademark Office (USPTO) recently issued guidance regarding the effects of the 2018 Farm Bill on the registration of trademarks for goods and services involving hemp. As background, the previous definition of “marijuana” in the federal Controlled Substances Act had a limited exclusion

U.S. – Bankrupt brands can’t revoke trademark licenses, says SCOTUS

The U.S. Supreme Court has ruled that bankrupt trademark licensors cannot use federal bankruptcy law to rescind the rights of their trademark licensees to continue use of duly licensed trademarks. The decision settles a long-simmering circuit split on a question that the International Trademark Association has labelled “the most significant unresolved legal issue in trademark

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags. Align Technology, Inc., provider of the Invisalign teeth-straightening-system, also produces the iTero Element intraoral scanner that allows dentists to obtain three-dimensional scans of a patient’s mouth, teeth, and gums. To

The Curse of Shoeless Joe Continues: TTAB Finds White Sox Fan Lacked Bona Fide Intent-To-Use

For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up to bat at the Trademark Trial and Appeal Board (“TTAB”) in the United States Patent and Trademark Office (“USPTO”). In a recent precedential decision, the TTAB found that “a mere

UPDATE – TTB’s proposed labeling modernization: What alcoholic beverage companies need to know

Recently, an interdisciplinary team from our IPMT and Food Regulatory practices discussed a pending proposed rulemaking from the Alcohol and Tobacco Tax and Trade Bureau (TTB), the primary federal agency that regulates alcohol beverages. On November 26, 2018 TTB proposed modernizing its labeling and advertising regulations with the goal of making the current regulations simpler

U.S. – Top takeaways from TTB’s proposed labeling modernization: What alcoholic beverage companies need to know

If you make a living producing and selling alcohol beverages, congratulations, you are beloved by many! As someone who manufactures spirits, wine, beer, or other alcohol beverages, you not only address the high demand for your libations, but also the complex and often confusing regulations that affect your business. Now, however, you have the opportunity

To ‘Bland’ or Not To Bland? Trademark Implications

Companies are simplifying, or “blanding,” their brands dropping unique fonts, words, and design elements left and right in favor of a pared down, sans-serif font popular in Silicon Valley, but does this drop trademark protections in the process? You’ve seen it in the ads you encounter on your way to work, on television, and probably