NEVER Means Forever, Until it Doesn’t
Never is supposed to last forever. Forever is never supposed to come to an end. Neither are possible to measure in time, for as long as they continue to be true. The wait for either to fail, can last...
View ArticleWelcome Back to TM Incapability and Merely Informational USPTO Refusals
Welcome back to another edition of Merely Informational and Incapable Marks. The above neighborhood Applebee’s is on my usual route to going anywhere from our home, so I’m predicting I’ve passed by...
View Article2020 Midwest IP Institute in the Books
Hearty thanks to Colette Durst, Stephen Lee, and Susan Perera, for generously sharing their insights and perspectives about trademark nominative fair use. By all accounts, the Midwest IP Institute was...
View ArticleSome Thankful Reflections About 2020
We can all think of and relive a multitude of reasons over the past year to embrace Dean’s timely #Flush2020 billboard ad as we prepare to ring in the New Year. We also can look for silver linings...
View ArticleRapala Continues Fishing for Attention
Over the past dozen years, we’ve been admiring Rapala’s annual creative billboard campaign that continues to maintain the same eye-catching look and feel. Love the white canvas, the red stylized Rapala...
View ArticleThe New Washington Football Name is “Commanding” Some New Attention
The really big news that commanded attention was back in July 2020, when the NFL franchise near Washington, D.C. announced it would be “retiring the R*dskins name and logo.” You may recall this gem:...
View ArticleShort and Sweet Wisdom from Seth
Over the weekend, Seth Godin shared some wisdom that resonated, In or out: Often overlooked is how uncomfortable it is to sit on a fence. Get in or get out. Wasting time sitting on the fence wastes far...
View ArticleTwo Decades of The IP Book
Time certainly flies while you’re having fun, and for me, the past two decades of serving as an editor and author for The IP Book and also as a planner for the Midwest IP Institute is no exception: In...
View ArticleTrademarks and the First Amendment
Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our...
View ArticleTrademark Fraud in a Section 15 Declaration is now NOT a Basis for...
Since November 30, 2021, we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark...
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