Legal Blog

Oct 17, 2018

Copyright Office DENIES American Airlines Request to Copyright its Logo

The United States Copyright Office has just denied American Airline's efforts to COPYRIGHT its logo.  The Copyright Office stated that the logo did not contain the requisite creativity in it's opinion. The Copyright Office has denied the Airline's application three times dating back to 2016. Although American Airlines does have TRADEMARK protection, COPYRIGHT protection/registration would provide a much broader set of protections.Specifically, section 102 of the Copyright Act...
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Aug 15, 2018

Reebok loses TRADEMARK battle over the use of Conor McGregor's Name

A European based fashion brand by the name of "McGregor" filed suit against Reebok and claimed that Reebok's clothing line with the UFC star, Conor Mcgregor, would cause confusion with it's customers.  The Amsterdam based business owns the trademark "McGregor."  The ruling from the Hague District Court just came down and required Reebok to halt from selling some of its McGregor based items in Europe and further required Reebok to pay the other side's legal fees. The...
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Aug 04, 2018

New Supreme Court Ruling Changes Recoverable Damages in Patent Infringement Cases!

In a 7-2 decision, the United States Supreme Court has just ruled that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. 271(f)(2).  This ruling rejects the Federal Court’s long standing exclusion of lost profits as a damage for foreign sales.  Patent Owners rejoice, Defendants can no longer claim an absolute prohibition against foreign damages when the patent owner proves infringement under §271(f)(2). WesternGeco LLC v. ION...
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Aug 02, 2018

What Happens After a Nonprovisional Patent Application is Filed?

One of the most common questions inventors and applicants have after determining whether to file a patent application, and what type, is what happens now after filing?  Well, here’s a good summary of that process.After a nonprovisional patent application is filed with the United States Patent and Trademark Office (“USPTO”), it will get assigned to a particular art unit in which the claimed invention falls under, and assigned to a particular examiner within that art unit where it is...
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Jul 22, 2018

Reasons to File a Trademark Application for Your Trademark!

If you use a word, term(s), combination of words, symbol, slogan, phrase, or even a shape of device, in connection with the sale of a good or service, you will be generally said to have “common law” trademark rights.  What do those rights give you?  Generally, those rights give you the ability exclude others from using the same or confusingly similar word, term(s), etc. in the geographic region in which you were selling said good or service.  So why file a trademark...
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Jun 05, 2018

Johnson Dalal rated by Super Lawyers as TOP Intellectual Property Law Firm

Managing Partner Mark Johnson has been evaluated and selected by SuperLawyers for the third consecutive year. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.  The team of lawyers at Johnson Dalal have consistently been recognized in the legal community as top...
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