Landmark TTAB Decision Invalidates REDSKINS Trademark Registrations

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This post was authored by Jennifer Hetu, a partner of mine at Honigman Miller Schwartz and Cohn LLP. Ms. Hetu’s practice focuses on trademark law and brand protection. She advises clients ranging from small businesses to Fortune 500 companies on a wide range of trademark matters in the U.S. and international markets. Ms. Hetu also collaborates[...]

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Field Agent – a Crowdsourced IP Enforcement Tool

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Every once in awhile, you stumble across something that makes you say, “how did I not realize this existed?” or “I wish I would’ve found this years ago!” Field Agent made me say both of those things. This service has existed for four years, but I somehow just learned of it. This service is designed[...]

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Can I Augment That? 5 Targets to Be Wary of When Making AR

Daniele Civello / flickr

With the steady growth of new tools for user-generated augmented reality, I’ve been fielding a ton of questions lately on whether it’s legally okay to augment particular content. In other words–if you’re not familiar with how AR works–they want to know if it’s permissible to associate certain digital content with a particular physical object (the[...]

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Proactively Protecting Your IP Across the Globe

I’m writing from the Mid-Winter Institute of the American Intellectual Property Law Association (AIPLA). As a lawyer who does a lot of trademark enforcement work, one theme that I’ve noticed from multiple speakers so far is the importance of proactively protecting your intellectual property–especially for young companies. What’s more, in this increasingly globalized marketplace, simply[...]

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IP in an Augmented Reality

My latest article, “IP in an Augmented Reality,” was just published in the Jan/Feb 2014 issue of Landslide, the magazine of the American Bar Association’s IP Section.  It summarizes how copyright, patent, trademark, and publicity rights law will apply to AR technologies. An excerpt is below.  Click here to read the full article on the[...]

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IP in an Augmented Reality (Podcast)

Earlier this month I presented to the Michigan Intellectual Property Lawyer’s Association on “IP in an Augmented Reality.”  This speech is similar to ones I’ve given to IP groups elsewhere in the country. In it, I discuss what augmented reality is, how it will affect our everyday activities in almost every facet of life, and[...]

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Trademarks in the Augmented Reality Industry

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One sure sign of a healthy industry is the growth of intellectual property developed by companies in the field.  I’ve blogged a lot lately about augmented reality patents–both their creation and litigation over them.  But other forms of AR-related IP are expanding as well.  Trademarks are what companies use to distinguish themselves and their products[...]

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Trademarks, Likelihood of Confusion, and Social Media

(c) flickr user Cooky Yoon - Used under CC license

Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service.  The function of a trademark is to communicate to the marketplace who is offering the good or service.  So, for example, when I’m driving down the road and spy the Golden[...]

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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)

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As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.”  In keeping with this Sisyphean observation, we did not (yet) see quite as much development in either AR technology or the law governing its use in[...]

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Persuading Facebook to Remove Misleading Pages

I recently had success in persuading Facebook to take down a Page dedicated to criticizing a client.{*}  In the process, I learned a few things about what Facebook finds persuasive in takedown requests. The Page in question used the phrase that our client uses as a trade name and service mark–let’s call it TRADEMARK–as the[...]

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