The (Disney) Empire Strikes Back – Too Hard, Perhaps?

George Lucas’ original “Star Wars” (later re-titled “Chapter IV – A New Hope”) cost around $11 million to make in 1977, or about $40 million in 2016 dollars. According to one estimate, total Star Wars earnings from theatrical and DVD movie releases, books, toys, video games and the like are ...

Is It Time for Some Football? Well Coach, If You Snooze, You (Might) Lose Your Trademark

Unlike the rights accorded creators of copyrighted works or patented inventions, rights to federal trademark protection does not begin with conception or creation of the mark and does not have a limited duration. Trademark rights and protections flow from use of the mark with specific goods or services so that ...

Trademark Registration and the Fight Against Counterfeit Goods

The word “counterfeiting” conjures up images of furtive criminals printing phony twenty dollar bills.  However, it also describes imitations which are marketed and sold as genuine goods by illegally using the name, logo or trade dress of the true maker or designer.  Many people don’t realize that these “Knock-Offs” and ...

Oprah – Own Your Power

Can A Catch Phrase Be a Trademark? Recently, Oprah Winfrey won a long-running trademark dispute in New York Federal Court over her use of the words “Own Your Power”.   Life Coach Simone Kelly-Brown sued Oprah for using the words on Oprah’s magazine saying that she had already been using the words as ...

“Pirate Joe” Sets Sail

Enforcing U.S. Trademark Rights Against a Foreign Infringer American law generally does not apply to the activities of foreign citizens which occur outside the U.S. As with most general rules, however, there are exceptions.  Recently, the United States Courts of Appeal in both the Ninth and Fourth Circuits have allowed Federal ...