The U.S. Patent and Trademark Office (“USPTO”) has proposed a rule change that would enable it to conduct random audits of affidavits or declarations of use filed under sections 8 and 71 of the Trademark Act as a permanent extension
July 2016
Led Zeppelin’s “Stairway to Heaven” victory rambles on to a ruling on attorneys’ fees
Jimmy Page, Robert Plant, and John Paul Jones—the remaining members of Led Zeppelin—along with several recording industry defendants, prevailed in federal court on June 23 in a copyright jury trial over the introduction of the band’s legendary song, “Stairway to…
Can You Trademark a Hashtag?
#Yes! In the United States, a hashtag can be trademarked if it serves a source-identifying function for the trademark owner’s goods or services.
Hashtags, which started on Twitter as a way for users to follow conversations on particular topics, are…
One simple hack to make your hackathon a greater success
Businesses across all industries are increasingly gathering dynamic and agile thinkers to brainstorm ideas at hackathon events. These are short-duration, high-intensity think-tank sessions, aimed at solving problems or generating ideas to take the business to the next level, sometimes with…
Canadian government seeks external review of government advertisements
Advertising Standards Canada (ASC), Canada’s independent advertising self-regulatory body, has been requested to provide advertising review services for all Government of Canada advertisements.
The ASC administers the Canadian Code of Advertising Standards, which sets the criteria for acceptable advertising…
Making us safer, through Brand Protection
What does brand protection have to do with cybersecurity? A study earlier this year demonstrates the connection.
The study reviewed domain names for 11 major industrial control system (ICS) vendors. ICS vendors provide, among other things, supervisory control and data…
“Sue me already” – Analyzing Kanye’s (In)Famous Video (Part III)
Canadian patent and trademark agents acquire privilege
As of June 24, 2016 clients will enjoy the same level of privilege with their Canadian patent and trademark agents as they do with their lawyers. This statutory privilege applies retroactively to any confidential communications made prior to this date,…
“Sue me already” – Analyzing Kanye’s (In)Famous Video (Part II)
In our 3-part series, the Brand Protection Blog is reviewing the different legal claims unwitting stars of Kanye West’s “Famous” video might assert. In Part I, we analyzed claims for Trademark Infringement. Today we will cover False Endorsement.
False Endorsement
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“Sue me already” – Analyzing Kanye’s (In)Famous Video
On June 24, 2016, rap artist Kanye West premiered the music video for his single, “Famous,” at The Forum in Inglewood, California. The NSFW production – featuring a naked Kanye asleep in a King (Kong)-sized bed amidst depictions of a…