A trademark is a word, name, symbol, or device (or combination thereof) used by a person or which a person has a bona fide intention to use in commerce to identify and distinguish goods or services from those of others. A mark is used (a) on a good when placed on the goods or containers
The U.S. Fifth Circuit Court of Appeals addressed the fair use defense in a copyright dispute in Keck v. Mix Creative Learning Center, L.L.C., 116 F.4th 448 (5th Cir. 2024). In this case, Mix Creative began selling art kits online so students could learn during the pandemic. The kit included PowerPoint
Michael Messier filed a Petition for Cancellation of the New Orleans Saints fleur-de-lis service mark, No. 992210 (“Saints Mark”). Mr. Messier asserted that he is a direct descendent of the Kings of France (Scotland, Aragon, and Castille) and that “he and his family own intellectual property rights in the Fleur-de-Lys, Orleans, and Saints marks.” However
An owner of a trademark or service mark used in commerce may request registration on the principal register by filing an application with United States Patent and Trademark Office. The registration provides certain benefits including prima facie proof of ownership and validity and constructive use throughout the country. While registration is great for brand management
Steven Thaler filed an application for copyright registration in a two-dimensional image entitled “Creativity Machine”. In his application, Thaler stated that the work “was autonomously created by a computer algorithm running on a machine”. The Review Board of the United States Copyright Office (“Board”) denied the application stating it lacked human authorship necessary to support
Dr. Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website. One of the passages in the book that is well known is entitled the WIN Passage. He offers merchandise, including t-shirts and posters, that display
Future Proof Brands, L.L.C. (“Future Proof”) filed a trademark infringement action against Molson Coors Beverage Co. (“Coors”) objecting to its use of the mark Vizzy. Future Proof used and registered the mark Brizzy as a brand of hard seltzer containing carbonated water, alcohol and in most cases fruit flavors. When Coors branded its hard seltzer
The Fifth Circuit Court of Appeal recently addressed a copyright infringement claim by local jazz musician Paul Batiste. Batiste alleged that a hip-hop duo infringed his musical work. However, the Court concluded that Batiste had failed to produce evidence for a reasonable jury to infer that the defendants had access to his music or to
A federal registration of a trademark with the United States Patent and Trademark Office constitutes constructive notice of a registrant’s claim of ownership thereof. Pursuant to 15 U.S.C. §1111, a registrant may give notice that the mark is registered by displaying with the mark the words “registered in U.S. Patent and Trademark Office” or “reg.
On March 4, 2019 the United States Supreme Court issued a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC clearing up that registration is a jurisdictional prerequisite to filing a copyright action. In the opinion authored by Justice Ginsburg, the Supreme Court concluded that a copyright claimant may commence an infringement suit