Posts by admin

UNWARRANTED REPRESSION: When Copyrights Are Too Confined

Posted by on Jun 22, 2016 in The Womp Womp Word | 0 comments

Lee Daniels’ The Butler, a highly-acclaimed 2013 film portraying the life of an African American man who served as a butler at the White House for eight presidents, presented a unique look into the evolution of freedom and equality for African Americans and the atrocities faced by African Americans during the 1950s and 60s. We Shall Overcome, an iconic anthem of the Civil Rights Movement, seemed to be the perfect fit for this biopic; however, it was practically absent from the film. The publishers who own We Shall Overcome, Ludlow Music and The Richmond Organization, requested an exorbitant...

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Straight Up Or On The Rocks? The Never-Ending Battle Over HAVANA CLUB – Will Congress Step In And Override The USPTO?

Posted by on Jun 7, 2016 in The Womp Womp Word | 0 comments

At the end of May, the House Appropriations Committee released the 2017 Financial Services Appropriation Bill. One of the provisions included in the bill appears to have been custom-made for Bacardi in its ongoing dispute with Cubaexport, the joint venture between the Cuban government and Pernod Ricard, over the U.S. rights to the HAVANA CLUB trademark: SEC. 135. (a) None of the funds made available in this Act may be used to authorize a general license or approve a specific license … with respect to a mark, trade name, or commercial name that is the same as or substantially similar to a...

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SCOTUS Trademark Decision: TTAB Rulings Can Preclude Courts

Posted by on Mar 30, 2015 in The Womp Womp Word | 0 comments

SCOTUS Trademark Decision:  TTAB Rulings Can Preclude Courts

On Tuesday, March 24, 2015, the Supreme Court issued an opinion in B&B Hardware Inc. v. Hargis Industries Inc., which held “a court should give preclusive effect to TTAB decisions if the ordinary elements of issue preclusion are met.” Specifically, this ruling held that federal court decisions on likelihood of confusion issues can be precluded by earlier findings from the Trademark Trial and Appeal Board (TTAB) if the issues are the same. The parties in the present case both manufacture metal fasteners—B &B manufactures fasteners for the aerospace industry, while Hargis...

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Friedland Vining Partner David Friedland Quoted in The New York Times regarding ‘Je Suis Charlie’

Posted by on Jan 28, 2015 in Friedland Vining News | 0 comments

David Friedland, founding partner of Friedland Vining PA, was quoted today in The New York Times regarding a Florida resident’s efforts to trademark the phrase ‘Je Suis Charlie’ which has become a rallying cry in the aftermath of the Paris terrorist attacks that killed twelve at the Charlie Hebdo newspaper. “Coral Gables trademark attorney David Friedland predicts the application will not be approved because trademark holders must be the phrase’s source. Friedland says people often waste hundreds of dollars in attempts to trademark popular phrases like...

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Redskins Racial Repercussions

Posted by on Jun 26, 2014 in The Womp Womp Word | 0 comments

Redskins Racial Repercussions

On Wednesday June 18, 2014, the Trademark Trial and Appeal Board (TTAB) boldly cancelled 6 of the Redskin’s trademarks on the basis that the name is “disparaging to Native Americans.”  The cancellation indicates that Pro Football, Inc., the owner of the Redskin registrations, will lose the legal benefits conferred by federal registration of the marks, including the legal presumptions of ownership and of a nationwide scope of rights in these trademarks, the ability to use the federal registration ® symbol, and the ability to record the registrations with the U.S. Customs and Border...

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