Search Results for: Keelin Hargadon


28

Jul 2020

U.S. Supreme Court Rules That GENERIC.COM Trademark Format is not Registrable Only if the Term Has That Generic Meaning to Consumers

By Michael J. Adams Ph.D. & Keelin Hargadon 繁體中文 Under U.S. trademark law, generic terms are not eligible for federal registration because registration gives a mark owner the right to exclude others from use of the term.  By way of example, a generic term is the name of a class of goods or services, for example, “bleach” or, in the case at hand, “online hotel…

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27

May 2020

“Willfulness” No Longer a Prerequisite for Recovery of Trademark Infringer’s Profits

By Keelin Hargadon 简体中文 In April, the U.S. Supreme Court ruled that a trademark owner in a lawsuit for infringement may recover the infringer’s profits as an element of money damages, without needing to prove that the infringement was willful.  In Romag Fasteners, Inc. v. Fossil, Inc., the Court eliminated a rule that had served for decades to limit the categories of remedies available under…

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08

Nov 2019

Claim Language Can Limit Scope of Design Patent When No Specific Article of Manufacture is Shown in Figures

By Keelin Hargadon 繁體中文 In Curver Luxembourg, SARL v. Home Expressions Inc., No. 2018-2214 (Fed. Cir. Sep. 12, 2019), the United States Court of Appeals for the Federal Circuit (hereinafter “Federal Circuit”) held claim language can limit the scope of a design patent to a specific article of manufacture when the claim supplies the only mention of the actual article of manufacture and no article…

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05

Aug 2019

U.S. Supreme Court Decision in Mission Product Resolves Issues Surrounding Trademark Agreements Rejected in Bankruptcy

By Califf Cooper and Keelin Hargadon 繁體中文 In Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657 (S.Ct. May 20, 2019), the U.S. Supreme Court issued a ruling that will have broad implications for licenses and other agreements in bankruptcy.  The Court held that agreements rejected by a debtor in bankruptcy are not terminated.  Instead, the non-debtor party retains whatever rights it would have under…

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05

Aug 2019

Iancu v. Brunetti: U.S. Supreme Court Holds the Lanham Act’s Ban on Registration of “Immoral or Scandalous” Trademarks Violates the First Amendment

By Tammy Dunn and Keelin Hargadon 繁體中文 In Iancu v. Brunetti, 588 U.S. __ (2019), the Supreme Court affirmed the Federal Circuit’s decision invalidating the statutory bar on registration for marks considered “immoral or scandalous.”  The Supreme Court’s reasoning was similar to its analysis in Matal v. Tam, 582 U.S. ___ (2017), in which the Supreme Court declared unconstitutional the Lanham Act’s ban on registering…

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26

Jun 2019

Major Updates to Canadian Trademark Law: Canada Joins the Madrid Protocol and More

By Keelin Hargadon 繁體中文 The Canadian trademark system underwent major changes on June 17, 2019.  The revisions to established trademark law bring the Canadian system closer to most other jurisdictions internationally by eliminating the use requirement for registration. Furthermore, Canada joined three key WIPO treaties: the Madrid System for the International Registration of Marks, the Nice Agreement, and the Singapore Treaty on the Law of…

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15

Aug 2017

How to Handle Business Software Alliance Audit Demand Letters

By: Keelin Hargadon Businesses sometimes find themselves the recipients of a letter from the Business Software Alliance (BSA) demanding an audit and accounting of software installed on company computers.  The requested audit is meant to uncover unauthorized installations of copyrighted software with the intent of recovering damages on behalf of the BSA/copyright owner.  Unfortunately for the recipients, these audit demand letters start a process that…

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31

Jul 2017

Cybersquatting Can Be Painful for Businesses of All Sizes

By: Keelin Hargadon and Robert Lord Cybersquatting is one of the biggest problems plaguing legitimate, customer-facing businesses in the U.S. today. While many forms of cybersquatting exist, the end goal is always the same– stealing money or valuable personal information from unwitting consumers.  Many times, cybersquatters take advantage of a hastily-typed, misspelled domain name and will use the legitimate company’s trademarks and color schemes to…

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28

Mar 2017

WIPO Reports Record High Number of Cybersquatting Cases in 2016

By: Keelin Hargadon According to a recent WIPO press release, the number of UDRP (Uniform Domain Name Dispute Resolution Policy) cases filed in 2016 was higher than any other year.   Successful UDRP proceedings help rightful trademark owners resolve cybersquatting issues.  WIPO cites the release of over 1,200 new generic Top-Level Domains (gTLDs) as a driving cause for the uptick in filings, with .xyz, .top and .club…

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20

Jan 2017

Strategies Used By Chinese Trademark Squatters and How to Prevent Them

By: Keelin Hargadon International companies have long encountered problems navigating China’s trademark system due to lack of knowledge about China’s first to file system, trademark squatting, and lax enforcement in cases of trademark infringement.  Wresting a trademark from a bad actor is expensive, difficult and sometimes ultimately unsuccessful. Chinese administrative bodies and courts have historically been unwilling to consider bad faith as a factor in clear…

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08

Mar 2016

Focus on Trademarks: Registration of Derogatory Terms

By: Keelin Hargadon In 2015, The Court of Appeals for the Federal Circuit ordered an en banc review of its own previous decision that the term “The Slants” is derogatory to persons of Asian descent, and therefore was properly denied registration in view of Section 2(a) of the Lanham Act. The resulting opinion, issued December 22, 2015, found the Lanham Act’s provision barring the registration…

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