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Both the state of Georgia and a non-profit corporation, Public.Resource.Org (PRO) have filed writs of certiorari with the United States Supreme Court seeking its decision on whether annotations commissioned and approved by the state may be copyrighted. Stated differently, that is, in the manner in which PRO asserts the issue, these parties seek to figure out whether citizens can have access to the raw materials of our democracy. This case arises out of the Official Code of Georgia Annotated (OCGA), which was re-codified and annotated in the 1970s. At this time, the Code Revision Commission of the Georgia General Assembly…

California-based retailer, Patagonia, recently filed a lawsuit against Anheuser-Busch InBev’s new “Patagonia” beer brand alleging it unlawfully obtained rights to that mark and further that the mark infringes its trademark rights. The lawsuit alleges Anheuser-Busch is deliberately attempting to take advantage of Patagonia’s tremendous goodwill cultivated in their brand. Patagonia has been in business for more than forty years and has been involved in designing, developing, marketing, and retailing outdoor apparel, sportswear, and related products. Indeed, the clothier’s products now include a wide range of apparel products and equipment, including technical products designed for climbing, skiing and snowboarding, surfing, fly…

This past week, the National Collegiate Athletic Association (NCAA) initiated an opposition proceeding against a Missouri-based company known as TM2A, Inc., which is attempting to register “MARCH MULLIGANS” as a trademark. The Missouri company, TM2A, Inc., which stands for “The March to April” invented a new twist on the traditional March Madness bracket challenge by allowing fans to correct erroneous game predictions during the competition. The purpose of “March Mulligans” is to maintain fans’ interest in the Tournament even after their brackets otherwise would have busted. The classic basketball bracket challenge involves a grid of all the teams in the…

Counterfeit sales at Amazon have increased so much that it stated it is much more damaging to a brand owner than to Amazon when a consumer receives a counterfeit product. In February 2019, Amazon.com filed a Form 10-K annual Report with the U.S. Securities and Exchange Commission officially acknowledging to shareholders that the company’s online sales platforms risked being found liable for fraudulent or unlawful activities of sellers on those platforms. Amazon admitted they may not be able to prevent sellers trafficking counterfeit and pirated goods. Amazon’s Form 10-K filing stated that the law relating to the liability of online…

Trademark law involves the protection of brand names, logos, designs, and trade dress applied to goods and services. Trademark attorneys, like those at Omni Legal Group, provide legal advice on trademark matters and assist clients in all stages of the trademark process. Unlike patent attorneys, trademark attorneys need not have passed any specialized registration examination before the United States Patent and Trademark Office (USPTO). Rather, trademark attorneys need only be active members in good standing of the bar of the highest court of any State. Trademark lawyers’ jobs include both transactional and litigation aspects. When a new trademark is contemplated…