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trademark Tag

How U.S. subsidies aid Chinese counterfeiters

The Universal Postal Union treaty (UPU) is a United Nations agreement that was established in 1874 and sets shipping rates between 192 member countries. In 1969, in an effort to boost economic growth, the UPU set lower shipping rates for small parcels (4.4lbs and under) mailed from developing countries. While this move by the UPU was clearly well-intentioned, it has not been reassessed in several decades. As a result, despite being the world's second largest economy, China is still listed as a "developing country" and thus benefits from unreasonably low shipping rates - to the detriment of...

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Feeling Frosty?

For much of the country, the new year brought in winter storm warnings and bitter cold temperatures.  However, the arctic blast has nothing on the seemingly chilly relationship between a couple of cereal giants; bestowing one last holiday surprise upon consumers. After speculation that it may be a ruse, on December 29th, General Mills officially announced the launch of its latest cereal, Lucky Charms Frosted Flakes.  Sugary cereal lovers everywhere rejoiced on social media as the news spread and the cereal began appearing on supermarket shelves.  Two classic childhood cereals combined...

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Update: The USPTO’s Slanted Viewpoint on Trademark Applications is Unconstitutional

In January, we told you about how the Asian-American rock band, The Slants, had been making noise in the courts for years fighting for the right to register the band's trademark with the United States Patent and Trademark Office (USPTO). The USPTO had denied registration of the band's name, citing Section 2(a) of the Lanham Act, which allowed the USPTO to refuse registration of marks that it deemed to be immoral, scandalous, or disparaging. However, the band is likely singing the Supreme Court's praises because just this week the Court ruled in an 8-0 onion that this...

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Battle of the Copper Pans

Imitation may be the highest form of flattery, but such flattery is unwelcome when it comes to copying products. In the consumer product industry, hot items are quickly adapted by competing companies, resulting in consumer confusion as to the origin of the product; sometimes resulting in lengthy legal battles. We saw this most recently with retractable hoses (X Hose, Pocket Hose, etc.), which has been in litigation since 2013. Right now, the hottest product igniting lawsuits is copper. Copper pots and pans (or at least copper in color) are the latest sensation in cookware. Big sellers...

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What’s in a name? The USPTO’s slanted viewpoint on trademark applications

For over 3 years now, Asian-American rock band, The Slants, has been making noise in the courts while fighting for the right to register the band's trademark with the United States Patent and Trademark Office (USPTO). The band's battle started in 2013 when the USPTO determined that the "The Slants" was disparaging to Asian Americans and refused registration of the mark. For the past 70 years, the USPTO has used Section 2(a) of the Lanham Act to deny registration of marks that it deems to be immoral, scandalous, or disparaging. Perhaps most notably, the USPTO relied on section 2(a) when it...

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DRTV Powerhouses Take on Amazon in Federal Court

Digital Law Group has been advocating on behalf of its clients and the direct response industry for some time now against Amazon’s unscrupulous business practices of knowingly selling counterfeit products on its marketplace. In fact, when we pitched a panel idea for a recent tradeshow on policing and enforcing intellectual property rights on online marketplaces, the organizer notified us that Amazon could not be included/mentioned in the content of our session. Naturally, we were concerned by this information and perplexed as to why so many marketers continue to do business with Amazon in spite of the fact that knockoffs and counterfeits...

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