Spotlight on I.P.: Geographical Indications

geographical indication trademark

When asked to describe what is I.P., most people will reply with a generalized answer of patents, copyrights, or trademarks.  However, the field of intellectual property encompasses more sub-categories than these “Big 3.”  This blog posting will consider one of the many other I.P.s, specifically geographical indications. What is a Geographical Indication (GI)? A geographical …

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First Amendment Trumps Trump

1st amendment section 2(c) trademark

On February 24, 2022, the Court of Appeals for the Federal Circuit held in In re Elster,[1] that Section 2(c) of the Lanham Act (15 U.S.C. §1052(c)) unconstitutionally restricts free speech.  In doing so, the Fed Circuit cleared the way for trademark applicants to utilize their marks used in commerce as a platform to comment …

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Spread Some LOVE . . . Or Not

authorship copyright originality trademark

Today, May 1, is Global Love Day.  To commemorate the day, we spotlight ”love,” specifically the trademark registrations and copyright applications for LOVE.  Registrant At World Properties, LLC, a real estate brokerage company based in Chicago, Illinois, registered two marks with the USPTO, one each stylized trademark and service mark for LOVE®.   The first …

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World I.P. Day

COVID patent

Today, April 26, 2022, is World I.P. Day, where the World Intellectual Property Organization (WIPO), a specialized department of the United Nations, focuses attention on educating the public on all aspects of intellectual property rights and regimes. The theme this year is “IP and Youth.” This blog posting, however, will focus on COVID-19, and specifically …

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U.S. Patent No. PP34,051 P3, for Cannabis Plant Named AV1-1

patent plantIP

Today is an auspicious day for cannabis proponents, so we illustrate one recently issued patent to recognize this date. U.S. Patent No. PP34,051 P3 (‘051) issued on March 22, 2022, for “Cannabis Plant Named ‘AV1-1.’” It was issued to inventor Ytzchak Cohen of Tel Aviv, Israel. The applicant/assignee is Tikun Olam Ltd. of Tel Aviv, …

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Dark Horse No Joyful Noise to Ears of 9th Circuit

copyright originality thin copyright protection

On March 10, 2022, the Court of Appeals for the Ninth Circuit held in Gray v. Hudson,[1] that an eight-note ostinato allegedly copied by defendants lacked originality to warrant copyright protection, affirming a district court ruling. Plaintiffs Marcus Gray (aka Flame), Emanuel Lambert, and Chilke Ojukwu form the three-member Christian hip-hop group known as Joyful …

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No April Fool’s: Russia Allowing I.P. Theft in Wake of Ukraine War

patent

The Russia-Ukraine war has just entered its second month, and it appears Russia is using intellectual property piracy as a weapon in retaliation for crippling economic sanctions levied against it after Russian forces invaded Ukraine in February 2022. The decree was issued on March 7, 2022, just two weeks after the Russian invasion. The decree …

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More Russian Warships, More Failures to Function

failure to function trademark

As of March 21, 2022, the Russian invasion of Ukraine continues, and so do the filings of trademark applications capitalizing on that war. As discussed in an earlier blog, RUSSIAN WARSHIP, GO FUCK YOURSELF was filed on February 26, 2022, just two days after Russia invaded Ukraine. Since then, there have been six other renditions …

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USPTO Cuts Ties with Rospatent, Belarus, EAPO

patent trademark

On March 7, 2022, the United States Patent and Trademark Office (USPTO) announced that it severed its ties with the Federal Service for Intellectual Property of Russia (i.e., Rospatent) and the Eurasian Patent Organization (EAPO) (which is based on Russia), as well as the National Center for Intellectual Property of Belarus. This is consistent with …

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“Russian Warship, Go Fuck Yourself” as a Battle Cry? Yes. As a Registrable Mark? Probably Not

failure to function trademark

The world is currently seeing the invasion of Ukraine by Russia, and there has been one catchphrase which has seemingly captured the fighting ethos of the Ukrainian people: “Russian warship, go fuck yourself.” With that said, it was only a matter of time before this common phrase would wind its way as a trademark application …

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