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SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property

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Photo of SerendIPity: Dykema's Intellectual Property Law Blog Eric T. Fingerhut
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efingerhut@dykema.com
202-906-8618
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Showing 3 posts by Eric T. Fingerhut.

Thoughts on Trademark Bullying

I’ve been a practicing trademark lawyer for more than 25 years and have represented many companies, large and small, in a wide variety of industries, as plaintiffs and defendants, applicants and opposers, and petitioners and registrants. More than ever before, and particularly in the past several years, the public and news media have begun using the term “Trademark Bullying” whenever they believe a trademark owner has used its trademark rights to prevent a smaller company from doing business under a trademark. Social media has helped recipients of demand letters and lawsuits spread the David and Goliath “bullying” message, and in some cases, the negative public-relations backlash for the brand owners has resulted in a withdrawal of the claim. The enforcement approaches and strategies taken by many household brands, including Starbucks, Facebook, Specialized Bicycle Components, Monster Energy Drink, and Redbull, have all come under the microscope. Read More ›

Trademark Trial and Appeal Board Rules "REDSKINS" Name Disparaging and Cancels Registrations

In a precedential decision issued June 18, 2014, the Trademark Trial and Appeal Board (“the Board”) held all six trademark registrations owned by the Washington Redskins which include the term REDSKINS “must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1946, 15 U.S.C. § 1052(a).” Blackhorse v. Pro-Football, Inc., T.T.A.B., No. 92046185, 6/18/14Read More ›

Spring Cleaning – Eight Easy Ways to Get Your TM House in Order

By the time you read this blog entry, you will have moved your clocks ahead and will be getting ready for a change of season. Just as you might air out your house in anticipation of Spring, your company can do the same with its Trademark House. The following are eight fairly easy and cost-effective ways for you to take control of your branding and save money in the process. Read More ›