Will the NCAA succeed in its opposition proceeding against TM2A, Inc., which is attempting to register “March Mulligans” as a trademark?

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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…

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Amazon Launches Project Zero To Stop Counterfeit Sales

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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…

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What do trademark lawyers do?

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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…

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Public Domain Day

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As the clock struck midnight on New Year’s Eve, hundreds of thousands of works were released into the public domain. January 1, 2019, otherwise known as Public Domain Day, marked the release of scores of books, musical compositions, paintings, poems, photographs, and films originally published in 1923. As a result of Public Domain Day.
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All I Want For Christmas Is IP

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  As the countdown to Christmas begins, intellectual property, identical to other industries, gears up for various holiday-related inventions, trademarks, and artistic works. While one cannot technically have a monopoly on Christmas, Hanukkah, or any other holiday, many have tried to obtain the broadest possible intellectual property rights relating to the same. There are four federally registered trademarks for “Merry Christmas.” One is for cigar and cigarette boxes. Another was registered by a winery for fruit wine, grape wine, and natural sparkling wines. Additionally, one design trademark incorporates the greeting “Merry Christmas” for Christmas tree ornaments and decorations. The applicant…
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Facebook Patents Method of Predicting User’s Future Geographical Location

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  The United States Patent and Trademark Office (USPTO) recently published a patent application, owned by Facebook, which could predict the future geographical locations of users. Titled “Offline Trajectories,” the application gathers a user’s previous location data as well as that of others in order to make predictions as to where the user may be traveling next. For example, if the user typically goes to the gym after work and the application determines that the user is currently at their office, it could then infer that the user is likely to go to the gym at a certain time. More…
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Levi Strauss Sues YSL for Infringement of Tab Device Trademark

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  This month, Levi Strauss filed suit against Yves Saint Laurent America, Inc. in the United States District Court for the Northern District of California, where the Levi Strauss corporate headquarters is located. The complaint included three causes of action: trademark infringement, unfair competition, and trademark dilution. Each of these claims stem from Yves Saint Laurent’s use of a tab on its jean pocket, which Levi’s claims is highly similar to its registered trademarks. Levi’s has alleged that YSL is profiting from the sale of the allegedly infringing jeans and thereby has caused incalculable and irreparable damage to Levi’s goodwill…
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Gobble-Worthy Intellectual Property

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Each year, as grocery stores fill with Butterball turkeys, canned gravy, and other Thanksgiving implements, the average American will spend roughly $200 on this holiday’s expenses. These costs include not only food and liquor but also travel costs. Indeed, the day before Thanksgiving and the Sunday thereafter are often the busiest travel days of the year with an estimated nearly 3 million people taking to the skies. As a result, companies and inventors alike have taken to the intellectual property system to address America’s needs with regard to turkey day. An early turkey related patent involved a “Toy Representing a…
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Nike: Just Patent It

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  In its increased focus on smart garments, Nike has filed two patents, one for self-cleaning footwear and another for a bodysuit that can accurately teach yoga to its wearer. These patents were filed in the midst of Nike releasing the first self-lacing shoe. Back in 2014, Nike obtained patents for self-lacing technology, similar to that seen in “Back to the Future,” and recently, the Oregon-based sportswear giant announced its Hyperadapt sneaker complete with electric adaptable reaction lacing capable of adjusting the laces, pressure, and fit to the contours of the user’s foot. That being said, it remains unclear whether…
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Trick-or-IP

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  Similar to other holidays, Halloween brings with it a number of intellectual property concerns. This is unsurprising as Halloween propagates a large amount of creative energy and spans almost every area of intellectual property law. When one thinks “Halloween” perhaps the first thing to come to mind is the classic jack-o’-lantern, featuring a carved face in an evacuated pumpkin, turnip, or other root vegetable. In 1889, a jack-a-lantern was patented for a device capable of providing amusement for children and which can also be used as a campaign torch for celebrations, torch-light processions, political meetings, and “other like occasions…
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