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
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
A pair of recent intellectual property wins by Kean Miller under the Uniform Domain Name Dispute Resolution Policy (UDRP) tracks the busy trend of domain name cases filed with the World Intellectual Property Organization (WIPO). The wins further highlight the trend of successful transfers of fraudulent and abusive domain name registrations to its rightful owners
For the serious handbag collector, purchasing a Hermès Birkin is a pinnacle achievement. Beyond the eye-watering price tag for the purse alone, being offered a Birkin for purchase is often the result of several thousand dollars in prior sales with Hermès and a positive, established relationship with a salesperson who is authorized to offer Birkin
This article was originally published by Biz New Orleans.
NEW ORLEANS – Devin Ricci and Mary Love, Intellectual Property Lawyers with Kean Miller LLP, have issued a statement urging businesses and individuals to exercise caution to avoid unauthorized use of NFL-related branding or while streaming game broadcasts to avoid hefty fines or legal
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
On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct.
The case is Abitron Austria GmbH v. Hetronic International, Inc. Hetronic, an Oklahoma-based corporation, sells a wide range of
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ___ (2023). The case arose from Jack Daniel’s complaint about VIP’s sale of
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
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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