 In a press release this week, the United States Patent and Trademark Office (USPTO) announced their COVID-19 Prioritized Examination Program for certain trademark and service mark applications.
Under this new program, the USPTO will accept petitions to advance the initial examination of applications for marks used to identify qualifying COVID-19 medical products and services. Additionally, the USPTO will waive the fee for such petitions. “Inventors and entrepreneurs are working around the clock to develop products that will help prevent, diagnose, treat, or cure COVID-19,” said Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “Accelerating initial examination of COVID-19-related trademark applications for these products, as well as service mark applications for medical and medical research services, will help to bring important and possibly life-saving treatments to market more quickly.” To qualify for the new program, the application must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical or medical research service for the prevention and/or treatment of COVID-19. See the notice for more information. At IPC, we are actively supporting inventors of products and services that will help prevent, diagnose, and treat COVID-19. If you have a question about trademark issues, give our professionals a call at (504) 322-7166.  Christian Petersen/Getty Images NBA Legend and Charlotte Hornets principal owner, Michael Jordan won a lawsuit appeal against China's Qiaodan Sports, ending the eight-year legal dispute regarding the use of the Chinese translation of Jordan's last name, Qiao Dan.
Michael Jordan is widely considered to be the greatest basketball player in the history of the game. He is known for his all-around great basketball ability including scoring, passing, and defense, winning 6 NBA championships with the Chicago Bulls and having won the NBA Finals MVP each time. With this recent trademark lawsuit appeal ruling, the China Supreme Court held that Chinese companies cannot continue to use the Chinese translation of “Jordan” to market their products without compensation to Michael Jordan. 17 years after retiring from the NBA, Michael Jordan continues to own his competition and remains a global economic power. As evidenced in his current ESPN documentary, "The Last Dance," Michael Jordan's competitive nature and his refusal to lose against anyone in anything, anytime, anywhere has once again prevailed with this favorable ruling. If you have questions about intellectual property rights or trademark issues, contact our IPC professionals at (504) 322-7166 for more information on how we can help.  IPC recently obtained a favorable settlement on behalf of client Walter Williams of Dreamsite Productions, the creator and owner of the fictional character Mr. Bill in a recently filed federal lawsuit. The lawsuit, led by IPC attorney Richard Sahuc, asserted claims for copyright and trademark infringement against The Golf Channel and its parent, NBC Universal, based upon an unauthorized appearance made by Mr. Bill in an instructional video produced by The Golf Channel in which Mr. Bill’s head predictably doubled as a golf ball.
We're not the only ones who recognized the significance of the lawsuit. Mr. Bill's plight made local news in Walter William's hometown of New Orleans on WDSU, as well as national news on MSN.com. Intellectual property rights surrounding fictional characters can be complex. IPC has significant experience with intellectual property rights pertaining to fictional characters, having handled litigation involving Mr. Bill, the famous literary and film hero Zorro, and others. If you have questions about intellectual property rights involving fictional characters our professionals can help. Contact us at (504) 322-7166.  The U.S. Supreme Court issued a decision today that has serious implications for trademark brand owners, as well as those accused of trademark infringement. In the case of Romag Fasteners, Inc. v. Fossil Group, Inc., fka Fossil, Inc., et. al., the Supreme Court held that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. This decision changes the law in several federal Circuits and drastically raises the stakes in any suit involving claims of trademark infringement.
If you have questions about intellectual property rights or trademark issues, contact our IPC professionals at (504) 322-7166 for more information on how we can help.  photo courtesy of tropicalisle.com IPC recently represented client, Tropical Isle, the home of the Hand Grenade cocktail, in a lawsuit against Willie’s Chicken Shack in federal court, claiming the plastic cup used to serve Willie’s signature Cocktail too closely resembles the trademarked Hand Grenade cocktail cup. Tropical Isle has been selling Hand Grenades, described as “New Orleans’ most powerful drink,” since 1985 and the trademark for the Hand Grenade cup design dates to 1992.
The lawsuit, filed in U.S. District Court, Eastern District Court of Louisiana, claims, “the intent of Willie’s Chicken Shack is unmistakable – to wrongly divert to Willie’s Chicken Shack consumers who desire a Tropical Isle Hand Grenade cocktail in a Tropical Isle souvenir cup.” IPC attorneys Kent Barnett and Greg Latham were lead counsel for Tropical Isle; the trial team included, Ian Barras, Stephen Kepper and Rick Sahuc. The parties reached a settlement of the case in mid-March, just before the matter was scheduled to go to trial in front of Judge Wendy Vitter. The specific terms of the settlement are confidential, but for Tropical Isle the outcome is favorable. Tropical Isle owns a portfolio of federally-registered trademarks surrounding its world-famous Hand Grenade cocktail. IPC has served as Tropical Isle’s intellectual property counsel for nearly a decade. If you have questions about intellectual property rights or trademark issues, contact us at (504) 322-7166 for more information on how our professionals can help.  IPC attorney Ian C. Barras successfully represented Buddy Good, LLC before the U.S. Trademark Trial and Appeal Board in an opposition brought by Monster Energy Company. Monster filed its opposition in an attempt to prevent the registration of Buddy Good’s Monster Creole Seasoning® mark. Monster Creole Seasoning® is an original spice blend created in 1999 in New Orleans with a proprietary blend of spices crafted to appeal to those who enjoy flavorful food – the spice mix claims it, "Tastes so good it's scary!" IPC was able to negotiate an amicable resolution to the dispute resulting in Monster dismissing its opposition, and Buddy Good’s Monster Creole Seasoning® mark is now registered with the United States Patent and Trademark Office. IPC attorneys regularly assist clients with complex trademark issues.
It’s August in New Orleans, and everybody is getting excited that autumn is finally here! Yes, the leaves are still green and the thermometer still routinely hits triple digits but… football is in the air. The first high school jamborees took place last weekend. College football starts up this week, including the historic season-opener for LSU against Wisconsin at venerable Lambeau Filed. And, of course, the Saints are breaking training camp ahead of what will hopefully be another Super Bowl season!
Yes, we at IPC are big football fans, so we get excited when a football story overlaps with our practice area. Last week, the Oakland Raiders filed trademark applications with the U.S. Patent and Trademark Office to register the mark, LAS VEGAS RAIDERS, across several goods and services classifications, including education and entertainment services, clothing, mobile applications, football helmets, trading cards, jewelry, and play figures. In case you’re thinking you missed the press release that the Raiders have relocated, you haven’t. Despite rumors in the news and discussions within the league, the NFL has not confirmed any move for the Raiders. But that hasn’t stopped the South Nevada Tourism Infrastructure Committee, which is currently reviewing plans to build a domed stadium in Las Vegas that would house the Raiders. It also hasn’t stopped the Raiders from filing an “intent to use” trademark application in anticipation of rolling out the team’s new brand. Similarly, the San Diego Chargers filed applications with the PTO in January to register the marks, LA CHARGERS and LOS ANGELES CHARGERS, despite continuing with plans for a yet-to-be-approved new stadium in San Diego. There are two significant take-aways from this story. First, a business need not wait until it starts using a trademark in order to protect it. At IPC, we are here to help you with early development and protection of your brand before you start using it. That way, when your brand hits the market, you can rest easier knowing that your IP rights are protected. Second, monitoring activity at the USPTO within your industry may often lead to news that is not yet public. IPC's lawyers assist clients with monitoring patent, trademark and copyright filings within specific industries or by specific competitors. One can often obtain valuable information about the next product or the next brand to hit the market -- before it hits the market. |
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