ACC Westchester/Southern Connecticut (formerly WESFACCA) CLE program entitled @REAL TALK- How to Build and Protect Your Brand.

Apr 2, 2019 | Trademark

Terrence J. McAllister, our partner in charge of the Trademark Practice will be participating in an ACC Westchester/Southern Connecticut (formerly WESFACCA) CLE program entitled @REAL TALK- How to Build and Protect Your Brand. The program  will be held on April 10,...

TRADEMARK LAW – A NEW TOOL FOR FEDERAL PROSECUTORS?

Feb 27, 2019 | Trademark

For the last decade the federal government has been attempting to use criminal asset forfeiture laws to seize the trademarked logo of the notorious biker club the Mongols (the “MONGOLS trademark”) in a campaign to shut down the biker club once and for all.  The logo...

“BEFORE YOU CHANGE YOUR NAME…..”

Dec 12, 2018 | Trademark

Girl Scouts of the United States of America recently filed a trademark infringement lawsuit against Boy Scouts of America in response to the Boy Scouts’ recent rebranding as SCOUTS BSA. The change drops “BOY” from the organization’s name in view of the fact that girls...

Attack Of The Clones: “Pagejacking” On The Internet

Oct 22, 2018 | Copyright, Trademark

One of the most challenging aspects of enforcing intellectual property rights is online enforcement of trademarks and copyrighted material. Even though the Internet as we know it has existed since the 1990s, it remains the Wild West regarding abuse of intellectual...

The Immoral and Scandalous Trademark – The First Amendment Strikes Again

Sep 19, 2018 | Trademark

Following the U.S. Supreme Court’s landmark 2017 decision in Matal v. Tam striking down the Lanham Act’s “disparagement” clause as unconstitutional under the First Amendment’s Freedom of Speech Clause, the impact of the First Amendment on the registration of...

Federal Circuit has now declared that the Lanham Act’s ban on “scandalous and immoral” trademark registrations is Unconstitutional.

Dec 27, 2017 | Community, Trademark

This past June the US Supreme Court ruled that by refusing to register trademarks that were of a “disparaging” nature, the federal government was violating the First Amendment. In that case, an Asian American rock group called the “Slants” tried to register their name...