Digital, In The News, Pop Culture

X Corp. Sued for Trademark Infringement

A trademark infringement lawsuit has been filed against X Corp. (formerly known as Twitter) by X SOCIAL MEDIA LLC. The lawsuit was filed on Monday, October 2, 2023 by Gerben Perrott on behalf of X SOCIAL MEDIA LLC. View the Lawsuit Contact Gerben Perrott

Digital, In The News, Pop Culture

Twitter’s “X” Rebrand: What About the Trademarks?

The Twitter rebrand to “X” is the trademark story of the year. Here’s a few reasons why: The Twitter trademark is known (and protected) around the world.Elon Musk’s recent decision to rebrand Twitter as “X,” abandoning a globally recognized and protected trademark in favor of a new one is unprecedented. Registering trademarks in the United States and overseas can take […]

Digital, General, Technology

NFTs and Trademarks: Gerben’s Complete Guide

How intellectual property is relevant to NFTs NFTs have exploded in recent years and many questions are emerging around how trademarks can be used as a strategy to protect NFT brands. We’ve completed this guide to help NFT users navigate through the trademark waters. What is a trademark? Federally registered trademark protection is always important when it comes to protecting […]

Digital, In The News

Arizona State University Files Seven Metaverse-Related Trademark Applications

America’s biggest universities are starting to make plans for the metaverse and Web3. In June, Arizona State University filed seven new trademark applications, which claim the school will soon begin offering: NFTs of event tickets. NFTs of campus landmarks and scenery. NFTs of sports highlights (video and audio). “Virtual goods” such as clothing that can be worn in virtual environments. […]

Digital, In The News

Metaverse Trademarks: A Guide to Notable Filings

Major brands are beginning to prepare for the metaverse. In the past few months, hundreds of trademark filings have been made to protect iconic brands in this new digital frontier. I recently spoke to AdAge about how trademark filings for the metaverse were not even on my radar until late in 2021.  Nowadays, I talk to clients almost daily about […]

Digital, In The News

Facebook Files Trademark Application for New “Meta” Logo

Facebook has filed its first “META” trademark application. The filing was made with the USPTO on October 28th, the same day that Mark Zuckerberg announced Facebook would change its name to META. The Zuckerberg announcement came after weeks of speculation about what new name Facebook would select for its parent company.  In mid-October, Facebook Inc. announced that it would be changing […]

Digital, In The News, Industries, Technology, The Basics, Trademark Filing

Trademark Registration is Required for GMAIL Authenticated Brand Logos

Whether a business is promoting a new item, offering a discount on products, or even sending an invoice, email is still a primary way to reach customers. But with spoofing and phishing more prevalent than ever, some customers may be leery to interact through email. Fortunately, email hosts like Gmail are finding ways to reduce fraudulent emails through brand authentication. Before […]

Digital, General, In The News

Comprehensive List of NFT Trademark Filings

Non-fungible tokens (NFTs) are rising in popularity.  This has lead to an increase in the number of trademark filings around NFT brands at the USPTO. NFTs represent unique digital items such as digital art, audio, video, and other creative works that can be purchased using blockchain technology. Entities who have filed trademark applications for NFTs include: Mattel Inc, Luka99 Inc (Dallas […]

Digital, In The News, Industries, Technology

False DMCA Takedown Notices: Ninth Circuit Holds that Copyright Owners Must Consider Fair Use Before Issuing Take-Down Notices

By: Eric Perrott, Esq. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged infringer’s use is a “fair use” […]

Digital, In The News, Industries, Technology, The Basics, Trademark Filing

SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple marks appear in the Applicant/Opposer field, […]

Digital, In The News

Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a specimen, which shows the mark in […]

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