New USPTO Rule Will Require Foreign Trademark Owners To Be Represented by U.S. Attorney

New USPTO Rule Will Require Foreign Trademark Owners To Be Represented by U.S. Attorney

This week the United States Patent and Trademark Office (USPTO) issued new Rules under Title 37 of the Code of Federal Regulations (CFR) Parts 2, 7, and 1. This new Rule[1] is effective August 3, 2019 and requires all foreign trademark owners, including foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings Read more about New USPTO Rule Will Require Foreign Trademark Owners To Be Represented by U.S. Attorney[…]

The “Power Station” Film aka “What Not to Do” – Preliminary Injunction Granted – “stay tuned” for updates

The “Power Station” Film aka “What Not to Do” – Preliminary Injunction Granted – “stay tuned” for updates

The McHattie Law Firm, in a decisive victory, was granted a Preliminary Injunction from the United States District Court District of New Jersey for a Copyright Infringement case on May 29, 2019.

Supreme Court: Copyright Must Be Registered Before Filing Copyright Infringement Action

Supreme Court: Copyright Must Be Registered Before Filing Copyright Infringement Action

By: Sarah A. Teitelman, Esq., Jules D. Zalon, Esq. and Christopher J. McHattie, Esq. On March 4, 2019, the United States Supreme Court resolved a long-standing circuit COURT split and held that a copyright owner must first obtain a copyright Certificate of Registration from the United States Copyright Office before instituting a copyright infringement action, Read more about Supreme Court: Copyright Must Be Registered Before Filing Copyright Infringement Action[…]

NFL aggressively defends their Super Bowl trademark

NFL aggressively defends their Super Bowl trademark

It’s been said that defense wins games, especially in THE big game and that proves true when it comes to protecting trademark rights as well. For most people, the game on Sunday between the New England Patriots and Los Angeles Rams is the Super Bowl. But for many business owners, it simply has to be Read more about NFL aggressively defends their Super Bowl trademark[…]

Girls Scouting Out Trademark Infringement from Boy Scouts of America

Girls Scouting Out Trademark Infringement from Boy Scouts of America

Written by Courtney Allen, with some help from Chris McHattie. Written by Courtney Allen and Chris McHattie No “Scout” About it, when the Boy Scouts of America announced plans to change their name to the more universal “Scouts BSA” to allow girls into the program, they probably hadn’t thought through the intellectual property implications.  Unfortunately, Read more about Girls Scouting Out Trademark Infringement from Boy Scouts of America[…]

Spooktacular Halloween Intellectual Property

Spooktacular Halloween Intellectual Property

Trick or treat, smell my feet, give me something good to eat! October 31st brings out the ghosts and goblins, as well as frightful fun and festivities. Today, we’re digging up some popular matters of this haunting holiday and their trademarks, copyrights and patents that enhance this bewitching occasion. On the days leading up to Halloween, you’ll Read more about Spooktacular Halloween Intellectual Property[…]

In-N-Out Burger delivers crafty trademark letter to brewery

In-N-Out Burger delivers crafty trademark letter to brewery

What’s on the trademark tap? Creating and cultivating a strong brand is pivotal to business success. Protecting that brand is equally important to sustain the goodwill and reputation among customers. Trademark law allows you to protect those names, logos, and other commercial signifiers used to identify your brand and allows you to stop others from using your mark, or a confusingly similar Read more about In-N-Out Burger delivers crafty trademark letter to brewery[…]

No Break for Kit Kat in EU Trademark Battle

No Break for Kit Kat in EU Trademark Battle

Gimme a Break, gimme a break, Break me off a piece of that _____. I’d be surprised if you don’t know how to fill in that blank. Just seeing those words written together probably sparks a craving for some chocolate and a replay of that catchy jingle in your mind on repeat (sorry about that). That 4-piece Read more about No Break for Kit Kat in EU Trademark Battle[…]

Sweet Smell of Success: Hasbro Receives Trademark Registration for the Scent of Play-Doh

Sweet Smell of Success: Hasbro Receives Trademark Registration for the Scent of Play-Doh

Last week, toy maker Hasbro, Inc. received a Trademark for an unusual element. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. However, there are a range of nonconventional trademarks such as those based on color, sound, or in this case, smell. That distinct PLAY-DOH scent, a popular and well known Read more about Sweet Smell of Success: Hasbro Receives Trademark Registration for the Scent of Play-Doh[…]

In Pursuit of Distinctiveness for Logos

In Pursuit of Distinctiveness for Logos

by Aidan Murray (with a little help from Chris McHattie) Creating a logo for a brand is not as easy as simply drawing up “whatever design” pops into your head or by hiring a creative team to develop a unique logo. Even if the logo is “original” to you and you’re certain it is “unique,” Read more about In Pursuit of Distinctiveness for Logos[…]