Trademark Registration Amendments Are Now Allowed (Temporarily) for Evolving Technology

Yesterday, the USPTO announced a new pilot program pursuant to which it will allow trademark registrations to be amended where the trademark owner now sells different products from those covered by the original registration due to evolving technology.  In the absence of this pilot program, such trademark owners would have to abandon their existing registration […]

FTC New Guidance on Unfair Competition

In a move characterized as “unprecedented,”  on August 13, 2015,  the Federal Trade Commission (FTC) issued a Statement of Enforcement Principles describing the principles that guide FTC’s enforcement against “methods of unfair competition” prohibited under Section 5 of the FTC Act.  It is not yet clear what prompted the FTC pronouncement or what impact it […]

GH&C Attorneys Win Music Industry Trademark Case

After a year-long battle, national touring and recording artist Dan Matthews and his American alternative rock band, “The Black Clouds,” can finally get their name back. Giordano, Halleran & Ciesla attorneys, led by Christopher J. Marino, Esq., succeeded in cancelling a nearly identical trademark registration obtained by a competing band. To read the full article, […]

Post Holiday Trademark Sale!!!!!!!

The USPTO announced that they are having a sale.  You can save $50 per class on all new trademark registration applications and $100 on all renewals.  The Final Rule issued on December 16, 2014 announced that trademark filing fees will fr be reduced. Small Print:  Unfortunately, the discounts will not be effective in time for […]

Recovering Legal Fees in Trademark Litigation Just Got a Little Easier

Law suits are expensive.  Even when the issues seem like they should be straight forward, cost is both a powerful deterrent before the complaint is filed and a significant strategy consideration during the course of a law suit.  In a recently decided case, the 3rd Circuit has made recovering attorneys fees in trademark litigation a […]

Internet/Social Media Platforms: FDA Draft Guidance

Back in April, I wrote about social media marketing guidance provided by the FTC (Social Media Marketing – New Guidance On Generating “Buzz”).  Well, now it’s the FDA’s turn.  The FDA recently released draft guidance for pharmaceutical and biotech companies about how they should deal with misinformation posted by third parties on Internet and social […]

Redskins Trademark Registrations Cancelled Again … It Has Been A Tough Week For “Poor” Daniel Snyder and His Washington Redskins

Much in line with how the 2013 season played out, Daniel Snyder and the Washington Redskins cannot win this week.  First, on Sunday, June 15, 2014, John Oliver rails on Mr. Snyder for holding fast to the Redskins name despite ongoing poor public sentiment.  Then, on June 18, 2014, for the second time in the […]

Can the Town Make Me Change My Sign?

A business’ signage can be one of the most distinctive characteristics of its brand and one of its most important assets.  This is especially true when the sign display’s the business’ federally registered trademark and color is a feature of the mark.  But what happens when that brand runs afoul of state and local laws? […]

Round Up – Things You May Have Missed (including some good summer cocktail banter material)

Cyber Security Report – Earlier this year, Verizon released viagra femme france montreal its 2013 Data Breach Investigations Report.  The report analyzes and presents data regarding the current state of various data breaches and network attacks.  Some of the results are surprising.             92% of breaches are perpetrated by outsiders             19% of breaches are […]

Will the New gTLDs Really Influence Internet User’s Experience?

This was one of the topics of discussion during the gTLD program at the International Trademark Association annual meeting today and it is no small question for brand owners.  Companies who have applied for various generic gTLDs are betting that it will.  Donuts, for example, has applied for over 300 new gTLDs.   They believe […]

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