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TICK DIFFERENT – But Apparently Not All That Different?
The irony of trademark clearance – even if a trademark espouses a unique message, it may not be all that unique. Swiss watchmaker Swatch AG finds itself embroiled in another trademark dispute with...
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Comcast’s Domain Name Enforcement on the Wrong Turf
“Our client is . . . prepared to resolve this matter amicably and without pursuing its claims for damages, but only if you immediately comply with its demands.” A common paradox of a form demand letter...
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The Missing Apple Trademarks
Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications? Perhaps no company’s IP portfolio is of greater...
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The Dilution Delusion?
I hesitate to add to the fallout from Matal v. Tam, the Supreme Court’s decision last week invalidating the disparagement clause of Section 2(a) of the Trademark Act. That said, here I go. Many...
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You Get A Golden Ticket! You Get A Golden Ticket!
Now that the Fourth of July has come and gone, the bigger holiday is approaching – at least for Chicagoland expatriates in the Twin Cities. That’s right, next week marks the grand opening of Portillo’s...
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Titleist Trademark Tarnishment?
During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the...
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The Federal Circuit Building’s Circuitous History
I had the opportunity this week to attend an oral argument at the Court of Appeals for the Federal Circuit in Washington this week (#humblebrag). I quickly came to realize that, like so many things in...
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A Bold Victory for Copyright Fair Use
Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million...
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PSL® Season Is Upon Us
Exult, lovers of autumn and decorative gourds – the air is crisp and the leaves are changing. And, in the treasured annual tradition, this week marked the release of Starbucks’ Pumpkin Spice Latte – or...
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A Kind Demand Letter? Stranger Things Have Happened (Apologies)
Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn! Okay, that lede could probably be less...
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