I invite you to register for Wednesday’s webinar, hosted by the NBA IP Law Section. Registration is free for all IP Section members, and $30 for non-members.
IP Law Review – A Survey of Recent Developments in Patent, Trademark, and Trade Secret Law.
Date: Wednesday, June 8, 2016
Time: 1:00pm to 2:30pm EDT
Follow live tweet at #NBAIPLaw
- Tonya Evans (Widener University Commonwealth Law School) – Moderator
- Darrell Mottley (Banner Witcoff)
- Shontavia Johnson (Drake University Law School)
- Kevin Jordan (JP Morgan Chase)
Summary – Our panelists will discuss a variety of hot topics and recent developments in patent, trademark, and trade secret law, including:
- The internet of things as an emerging technology/industry, and related IP and regulatory issues
- Intersection between the First Amendment and Section 2(a) of the Lanham Act regarding registration of immoral, scandalous, or disparaging trademarks, including the impact of trademark cases
- Overview of trade secret law and its viability as an alternative means of IP protection
CLE Info: The NBA IP Law Section is looking into obtaining CLE accreditation in the following jurisdictions: CA, GA, IL, NY, TX, and VA. For questions regarding CLE accreditation, please contact Bill Barrow (wbarrow[at]mayerbrown.com).
Cost: This webinar is free for NBA IP Law Section members and costs $30 (plus processing fees) for non-members.
Register at: https://www.eventbrite.com/e/nba-ip-law-section-intellectual-property-law-review-registration-25483682380
In late January 2015, the United States Patent and Trademark Office (“USPTO”) plans to begin sending courtesy email reminders of upcoming post-registration maintenance filing deadlines for §8 and §71 declarations and §9 renewals to registration owners who have (1) “live” registrations on the date of sending; (2) provided a valid email address to the USPTO; and (3) authorized email communication. No reminders will be sent by regular mail, and no follow-up emails will be attempted for undeliverable emails.
Click here to learn more about USPTO renewal reminder eligibility requirements, information actually communicated and to ensure the proper party receives the reminder (or opts out).
On Wednesday, June 18th, the Trademark Trial & Appeal Board (TTAB), an administrative arm of the United States Patent and Trademark Office (USPTO), ruled the NFL Washington “Redskins” trademark should be canceled on the grounds that it is disparaging to Native Americans.
If you’re an early bird, tune into The Matt McGill Morning Show onWVON 1690AM “The Talk of Chicago” (wvon.com) Thursday June 19th at 8:05 AM ET/7:05 AM CT to hear me analyze what the cancellation ruling says and, more importantly, what it means. If you’re not in Chicago or able to tune in via the radio, listen live at
About the Matt McGill “The Talk of Chicago” Morning Show
Matt McGill is one the country’s premier morning-drive personalities. As a host on one of the nation’s only Urban Talk radio stations, McGill’s morning show is the only locally produced program which targets affluent African-American adults in what is the largest market in the country. McGill offers substantive conversation mixed with his own brand of observational humor, making him a favorite amongst Chicago’s movers and shakers; business and community leader; as well as politicians.
October 1, 2013
Government Shutdown Affects IP Profs, Attys too … Copyright.gov down! by Tonya M. Evans is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License.
As I prepared for my Copyright & Trademark class this morning, I needed to pull the text of one of the sections of the Copyright Act. So I surfed on over to Copyright.gov to access the full text of the Act when I bumped into an odd-looking notice page.
Without really looking at the text, I figured my browser had auto-completed the last URL I’d visited at the site so I typed in copyright.gov myself and hit send. The odd-looking notice page appeared again and there it was … an official notice that due to the government shutdown the Copyright Office is closed:
So it seems the government shutdown is INDEED having intended and unintended consequences as thousands of federal employees are furloughed, or receiving government IOUs because the government cannot pay. The strategy to defund the federal government in order to participate in the kabuki theater of purporting to defund the Patient Protection and the Affordable Care Act (Affordable Care Act or ACA) a/k/a Obamacare seems not only inane (and insane) but just plain inhumane.
[ObamaCare Exchanges start up just as government shuts down]
Dozens of offices are closed, including the Copyright Office. So the impact is real. Mail will be delivered. Social Security and Medicare benefits will continue to flow (although there will likely be delays). But WIC food benefits, federal courts, NIH, food safety, Head Start, federal loan processing, veterans services and work safety (to name just a few areas) are all immediately and negatively impacted (either by delays or closures). Even our military and military families are taking a hit. And because taxes and fines will go uncollected, valuable and much-needed revenue will take a hit as well.
Despite the Copyright Office closure, the United States Patent & Trademark Office remains open … at least for several weeks! It’s hardly a silver lining but not all agencies are impacted in the same way.
The USPTO notice reads as follows:
During the general government shutdown that began October 1, 2013, the United States Patent and Trademark Office will remain open, using prior year reserve fee collections to operate as usual for approximately four weeks. We continue to assess our fee collections compared to our operating requirements to determine how long we will be able to operate in this capacity during a general government shutdown. We will provide an update as more definitive information becomes available.
Should we exhaust these reserve funds before the general government shutdown comes to an end, USPTO would shut down at that time, although a very small staff would continue to work to accept new applications and maintain IT infrastructure, among other functions. (Should it become necessary for USPTO to shut down, details of the agency’s plan for an orderly shutdown are available on page 78 of the United States Department of Commerce’s shutdown plan, available here.)
It was avoidable. Continue reading “Government Shutdown Affects IP Profs, Attys too … Copyright.gov down!”
On January 14, 2013, attorneys for San Fransisco 49ers quarterback Colin Kaepernick filed 5 intent-to-use applications to trademark various iterations of the star QB’s name as well as an in-use application for the word mark “KAEPERNICKING”, his bicep-kissing act that has taken on a life of its own during the team’s post-season journey to Superbowl XLVII:
[public record information from: USPTO.gov]
|Goods and Services
||IC 025. US 022 039. G & S: Clothing, namely shirts. FIRST USE: 20121231. FIRST USE IN COMMERCE: 20121231
|Standard Characters Claimed
|Mark Drawing Code
||(4) STANDARD CHARACTER MARK
||January 14, 2013
|Original Filing Basis
||(APPLICANT) Kaepernick, Colin INDIVIDUAL UNITED STATES P.O. Box 1725 Madison WISCONSIN 537011725
|Attorney of Record
||Bruce H. Bernstein
|Type of Mark
Just What Is a Trademark, You Ask?
A trademark protects a word, phrase, symbol, or device – the mark – used in commerce to identify and distinguish one product from another. Interestingly, even color (Tiffany blue box), scent (Plumeria) and sound (NBC chimes or MGM lion’s roar) can function as a trademark.
Each state has its own state laws to protect commerce within the state. And the Lanham Act provides protection across the country. Unregistered marks are also protected under state and federal case law. [More about trademarks and other types of intellectual property]
ESPN.com reports the story as follows:
Colin Kaepernick has become a brand worth protecting.
At least he thinks so.
The San Francisco 49ers quarterback has filed for the trademark “Kaepernicking,” his bicep-kissing act that has swept the West Coast during the team’s postseason run.
The U.S. Patent and Trademark Office website shows the registration was filed on Jan. 14, and Kaepernick intends to use it on clothing, specifically T-shirts.
Read the full article “Colin Kaepernick Files To Trademark “Kaepernicking” at ESPN.com