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It Is Tricky To Trademark A Vulgar Term ...

Have a scandalous mark that you wish to get protected for statutory purposes through filing an application with the U.S. Patent and Trademark Office (USPTO)?  Make sure to think long and hard before spending the time and money filing that application. The USPTO defines scandalous material as “shocking to the sense of truth, decency or propriety; disgraceful; offensive; disreputable; … giving offense to the conscience or moral feelings; … [or] calling out for condemnation.”  When determining whether a mark is “scandalous” the USPTO looks at how...
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Robert Griffin III a Perfect Example of Proactively Protecting Intellectual Property

Robert Griffin III a Perfect Example of ...

High profile athletes who are between their last game of college and their first game of professional ball would do themselves a strong service to put a competent attorney on retainer.  The earlier said athlete hires such a lawyer to start putting his business affairs in order, the more likely that athlete will profit off of his intellectual property rights for years to come. Take Robert Griffin III (RG III or RG3) for example.  Griffin played his college ball at Baylor University, where he became one of the most sought after quarterbacks in the United States and won...
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Have You Purchased Your .xxx Domain Name Yet?

Have You Purchased Your .xxx Domain Name...

Have you purchased your .xxx domain yet?  I am only half joking.  Many companies (big and small) that have absolutely no relation to the pornography industry have been buying up their tradenames at the .xxx level.  They have been reserving those domains from registration (see: Walmart.xxx) so that third parties cannot scoop up the domains and take advantage of the strength of their brand names.  Even colleges are buying up .xxx domains.  And then there are legitimate pornography companies that have purchased their own names and have used generic nouns and verbs in...
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U.S. Soccer Federation Upset With The FR...

You may notice that at the beginning of the video, Christie Rampone is wearing what looks to be a U.S. Soccer Women’s National Team uniform.  Christie Rampone is featured in such a uniform much more clearly in a few print advertisements, which the United States Soccer Federation is not happy about. On July 27, 2011, the United States Soccer Federation filed a Complaint in the U.S. District Court for the Northern District of Illinois Eastern Division and named The FRS Company as the defendant.  At issue is whether FRS’ use of the Rampone U.S. Soccer...
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Recording Industry Concerned About New T...

Roughly a month ago, I discussed the announcement that starting in 2012, there will be many new top-level domains (TLDs) available for the public.  Whereas now you can buy domain names with a restricted number of top-level domain tags such as .com, .net, .org, in the near future, you will be able to customize your top-level domain to your liking, as long as you have about $185,000 to spend on the application fee. When I wrote about the new top-level domains, I focused on potential future legal battles centering around squatting on others’ protected trademarks.  I...
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Prepare For Trademark Infringement With ...

Generic top-level domains (gTLDs) include .com, .net, .org, .edu, and other variations in what is considered to be the back-end of a domain name.  In 2000, the Internet Corporation for Assigned Names and Numbers (ICANN) introduced .aero, .biz, .coop, .inof, .museum, .name, and .pro.  Then, in 2005, .cat, .jobs, .mobi, .tel, and .travel were added to the list of available gTLDs.    Further, there is now the option to create a country code top-level domain (ccTLD).  For the United States, the ccTLD is .us. Starting in 2012, there will be many new TLDs, and they will be...