Supreme Court Rules That Government Cannot Ban Offensive Trademarks

SCOTUS Trademark

In a greatly-anticipated decision (particularly by the Washington Redskins), the Supreme Court ruled today that the U.S. government cannot refuse federal registration of an offensive trademark, holding that such a restriction violates the First Amendment.  The decision was a significant victory for not only Simon Tam (respondent in the case) and his band, The Slants, …

Skechers Kicks Adidas’ Claims In Sneaker Patent Case – Law360

When it comes to shoes, patents and trademarks are a good fit when it comes to protecting one’s intellectual property rights.  This article is noteworthy, not because the Plaintiff did not prevail on its patent claims, but because it reminds athletic clothing/footwear brands that that protection is not all about trademarks….utility and design patents can …

The Outdoor Recreation Economy

The Outdoor Recreation Economy

This morning, the Outdoor Industry Association released its latest Outdoor Recreation Economy Report in connection with its annual Capitol Summit in Washington D.C., and the numbers are HUGE:  https://outdoorindustry.org/resource/2017-outdoor-recreation-economy-report/  The report estimates that the outdoor recreation economy generates $887 billion in annual consumer spending, $65.3 billion in federal tax revenue and an additional $59.2 billion …

Turns out: Alice is a Wonderland for Sports Fans and Digital Content Distributors….Go ALICE!!!!

Turns out: Alice is a Wonderland for Sports Fans and Digital Content Distributors….Go ALICE!!!!

In November of 2016, the Federal Circuit upheld a district court’s invalidation of Affinity Lab’s Patent No. 7,970,379 (“the ‘379 Patent), which was directed to a method and system for streaming regional broadcast signals to cellular telephones located outside the region served by the regional broadcaster.  Affinity had sued a variety of defendants, including DirecTV, …

Copyright or Wrong: The Debate Over the Financial Benefits in Collegiate Sports is Not a Slam Dunk.

College athletics, specifically the payment of student athletes and their right to control the exploitation of their likeness, has been the subject of significant debate over the last few years.  On one side, you have the players who know that the colleges and leagues they play in make millions, if not billions in revenues off …

Trade Dress – Another Weapon in Your Intellectual Property Arsenal

YETI®, a well-known manufacturer of high-quality coolers and insulated tumblers, recently settled several lawsuits against cooler competitor RTIC involving allegations of trade dress infringement, patent infringement and other claims stemming from RTIC’s manufacture and sale of look-alike coolers and insulated drinkware products. Among other rights asserted in the lawsuit, YETI relied on trade dress rights …