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ISPs, Infringement, and the DMCA: Cox Communications, Inc. v. Sony Music Entertainment
The United States Supreme Court unanimously held that an online service provider cannot be liable for copyright infringement simply because it knows infringement is occurring and does not immediately terminate a user’s access. More >
Generative AI and Copyright Protection: Thaler v. Permutter
Supreme Court declines to entertain argument that AI-created work eligible for copyright registration. More >
Likelihood of Confusion: In re Prim LLC
The Board reversed a refusal to register the mark HOUSE OF PRIM for goods and services related to home organization and design, finding that confusion was not likely in connection with PRIM for home organization services. The Board found that a prior settlement between the applicant and the cited registrant outweighed all other likelihood of confusion factors, stating that the tenth DuPont factor, the market interface between the applicant and registrant factor, took precedent. In the settlement agreement, the owners of the mark agreed that the applicant’s mark would not create confusion; the Examining Attorney argued that the settlement agreement did not function as a consent to registration of the applications, but the Board observed that there was no authority requiring a consent agreement to discuss all relevant factors. Thus, the Board gave substantial weight to the settlement agreement and permitted weight of the mark. More >
Good Times at the USPTO: In re Genuine Risk
McBrayer’s own Jack Wheat received a favorable opinion from the TTAB, resulting in registration of GOOD TIMES in connection with bourbon. The USPTO cited five registrations containing the component GOOD TIMES, all by different owners, as bars to registration of GOOD TIMES for bourbon. Finding that the component “good times” was conceptually weak because of these third party marks, the Board reversed the refusal to register. More >
Likelihood of Confusion: In re Lucien G. Lallouz
The Board reversed a refusal to register of the mark CASA BLANCA for distilled spirits, namely, spirits distilled from the blue tequilana weber variety of agave plant that had been refused registration on the basis of a perceived likelihood of confusion with CASABLANCA for wine. Finding that the mark CASABLANCA was “highly suggestive” and that it was insufficient evidence that the types of alcoholic beverages were related, the Board permitted registration of CASA BLANCA. More >
Generative AI, Human Inputs, and Copyright Protection: Allen v. Perlmutter
District of Colorado considering use of generative artificial intelligence tools in conjunction with human inputs as registerable for copyright protection. More >
Domicile Address Pitfalls: In re Solace Cine LLC
The Board recently affirmed the refusal of several marks because the applicant provided their counsel’s law firm address as their domicile without stating it was their principal place of business. More >
The "Princeton" Descriptive Trap: In re Princeton Equity Group LLC
If you are building a brand around a geographic location, you must establish "acquired distinctiveness" early. More >
Discovery Mandamus: In re FirstEnergy Corp.
The Sixth Circuit granted a rare writ of mandamus regarding a discovery dispute, emphasizing the protections of attorney-client privilege during complex corporate litigation. More >
The Michigan "Talk-Therapy" Injunction - Catholic Charities v. Whitmer
The Sixth Circuit Court of Appeals held a state-level ban on certain professional speech unconstitutional under the First Amendment. More >
