Sepi v. Netflix et al. was a case in the Western District of Oklahoma that brought the much reviled/loved reality show star Joe Exotic into the national spotlight. The suit against the “Tiger King” was brought by a videographer challenging his work-made-for-hire agreement with Exotic. (Really, the judges refer to him by that name).   Sepi…

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Though an office action refusing registration can be disappointing, the road doesn’t have to end there, as shown by In Re Black Card LLC, where the TTAB recently reversed the decision of an examining attorney. Black Card filed to register the trademark FOLLOW THE LEADER in several different classes, including those for credit card incentive…

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This story concerns Robert Zimmerman, better known as Bob Dylan, and a contract dispute. It took place not in a federal district court, like most music matters, but the Supreme Court of New York (which we know is not the highest court in New York). That’s because this was not a matter of copyright infringement…

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In the case of Oasis Legal Finance Operating Company v. Chodes et al., the Northern District of Illinois issued an order for $100,000 in statutory damages, a transfer of domain, and a permanent injunction against the defendant. Months later the court awarded $3 million in attorney’s fees to the plaintiff. The road to this end…

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It’s never a good idea to buy something, take it to an artist, and say, “Please make some changes to this, and then make it similar — but not the same — as what I’m giving you.” Unfortunately, that’s part of the fact pattern for defendant in Desire, LLC vs. Manna Textiles (“Manna”) was tried…

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In Belmora LLC v. Bayer Consumer Care AG, Bayer’s competitor filed in the USPTO an application for the trademark FLANAX, which Bayer had registered in Mexico but not in the States. In response to Bayer’s cease and desist demand, Belmora sued for a declaration that its registration was valid. Back in 2014, an enterprising competitor called Belmora…

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47 of these 50 United States have legalized or decriminalized some form of marijuana — yet transporting it between two legal states is still a federal crime. So, given the rule of federal law, and as we’ve said in other contexts, the USPTO will not allow registration of any trademark for products containing, in virtually…

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The United States Patent and Trademark Office (USPTO) recently published a paper called Trademarks and Patents in China: The impact of non-market factors on filing trends and IP systems. It’s an interesting read that examines not only the deluge of applications within China, but also the USPTO’s flood of applications from China: There were 5,200…

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Can the failure to consult with a lawyer be considered hubris when so many people do it? In looking at Dr. Seuss Enterprises, L.P. v. COMICMIX LLC et al., I can’t help but conclude that a little legal representation before marketing would have avoided “making a federal case out of it,” as they say. The…

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In Alexander v. Take Two Interactive Software, Inc. the Southern District of Illinois was tasked with answering the question: Who owns the rights to a tattoo — the person who wears it, or the person who inked it? Catherine Alexander is a tattoo artist who made a motion for partial summary judgment against Take Two…

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