On June 15, 2022, Governor John Bel Edwards signed into law Act No. 425, S.B. 426, named the “Allen Toussaint Legacy Act.”[1] The Act is named after the late Allen Toussaint, a famous New Orleans musician, songwriter, and producer. Toussaint was known for hits such as “Java,” “Fortune Teller,” “Southern Nights,” “Working in the
The USPTO Takes Steps to Implement the Trademark Modernization Act of 2020
The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. USPTO announced on December 21, 2021, that it has created a new
Satanic Panic? Trademark Law’s Collision with the First Amendment
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Wearable art or a devilish rip-off? That’s the question posed by a recent collaborative release by art cooperative MSCHF Product Studio and musician Lil Nas X – the limited edition “Satan Shoes.” The Satan Shoes are constructed from Nike Air Max 97 shoes and feature a black
The Trademark Modernization Act of 2020 Adds New Tools to Fight Unused Trademarks and Implied Presumptions for Trademark Infringement Plaintiffs
Buried in the 5,500-page Consolidated Appropriations Act for 2021 among various COVID-19 relief was the Trademark Modernization Act of 2020 (“TMA”). The TMA, which will become effective on December 27, 2021, makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for
When Pivoting Your Business, Don’t Leave Your Privacy Policy Behind
COVID-19 has shuttered businesses across the globe with no “grand return” day yet in sight. Looking to generate revenue while brick and mortar locations are closed, businesses are turning to the online sales and services, many for the first time. Fine dining restaurants that have never before offered takeout are now doing so, shops are
People are Seriously Trying to Trademark “Coronavirus”
The COVID-19 pandemic has made people race to wash hands, stock up on toilet paper and sanitizer, and transition to working from home. But a separate group of “opportunistic” individuals have run another race—to the United States Patent and Trademark Office. As of April 2, 2020, more than 85 trademark applications have been filed for
Using Social Media Influencers or Employees to Tout Your Business? Make Sure they Follow the Rules
Whether you keep up with the Kardashians or you are just a casual Instagram user, you have probably been exposed to social media influencer posts. Due to social media’s increased marketing importance, companies will offer free products, money or other compensation to social media “influencers”, i.e. users that boast at least 2,000 or more genuine
The New Defend Trade Secrets Act of 2016 Provides Federal Remedies for Trade Secret Misappropriation
On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). Through the DTSA, claims for trade secret misappropriation will now have a basis in Federal law and Federal Courts will have jurisdiction over such claims. In addition to the new federal cause of action, the DTSA adds
Googling the Marketplace of Ideas
For many inventors, the grant of a patent application is quite exciting. However, once the inventor seeks to market their invention, they can find the process costly and overwhelming. Often when small companies or solo inventors develop new ideas that are later patented, they discover that manufacture or use of the patented invention is unmanageable
Got a “Blank Space” Next to Your Slogan? Try a Trademark…
Singer-songwriter Taylor Swift is primarily known for her musical talents, but the pop star has recently made headlines for her work in the intellectual property realm. According to the database of the United States Patent and Trademark Office (“USPTO”), Swift has filed several trademark applications to register catchphrases from her 2014 album 1989. Swift