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Showing 2 posts tagged Trademark Protection.

McDonald's Learns a Trademark Truism: "Use It or Lose It"

Posted In Trademark

A well-known truism of trademark law is that if the owner of a trademark is not making adequate ongoing use of that trademark, the owner of the mark is at risk of jeopardizing the continued right to enforce the trademark to prevent others from using the same or a similar mark in a related line of business.

Double CheeseburgerApparently the McDonald’s restaurant chain just this week felt the pain of this rule, possibly losing the right to enforce the BIG MAC trademark anywhere throughout the European Union. More >

Supreme Court Holds under First Amendment that Offensive, Disparaging Words Can Be Granted Trademark Protection

Lately there has been a growing tension between certain trademark applicants and a provision of the 1946 Lanham Act, which governs protection of trademarks. This clause gives the U.S. Patent and Trademark Office ( the “PTO”) the power to deny registration of any “immoral. . . scandalous” trademark, or one that may “disparage . . . or bring . . . into contempt or disrepute” any “persons, living or dead.” 15 U. S. C. §1052(a). For some time now, this issue has been in the spotlight with a lengthy legal dispute over whether the PTO must cancel the “Washington Redskins” trademarks registered to the National Football League team of that name, because the term “redskins” is disparaging of Native Americans. In the latest ruling, the PTO canceled the Redskins trademark registrations, and that ruling is currently on appeal.  A recent decision by the Supreme Court, however, may change everything. More >

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