Attorneys Unite: Consequences of eBay for Brand Owners and a Potential Remedy

by Lee Eulgen and Olivia Luk Bedi, Guest Bloggers on Thursday, 21 September, 2017

It has been over a decade since the U.S. Supreme Court’s decision in eBay, Inc. v. MercExchange, LLC, 547 U.S. 388 (2006) changed the near universal presumption of irreparable harm in injunction proceedings in intellectual property cases. While that sea change has touched all facets of IP litigation, trademark owners and their attorneys have been particularly affected because the nature of harm in the trademark context is quite different from patent and copyright cases.

In eBay, the Court held that in a patent infringement action, the customary four factors must be established for injunctive relief: (1) a likelihood of success on the merits; (2) irreparable injury; (3) balance of harms favors granting an injunction; and (4) the injunction is in the public interest. The Court specifically stated that the “decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with the traditional principle of equity, in patent disputes no less than in other cases governed by such standards.” eBay turned on its head the Federal Circuit’s prior, longstanding rule that courts issue permanent injunctions against patent infringement absent exceptional circumstances.

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Topics: trademarks

Taylor Swift Files More Trademark Applications

by T+B BLOG TEAM on Monday, 11 September, 2017

Taylor Swift sings in the lead single from her album ‘Reputation’: “I got smarter, I got harder” and perhaps because of that, she’s filed some new trademark applications. According to TMZ, Swift’s company, TAS (Taylor Alison Swift) Rights Management has filed trademark applications for several song titles and phrases from the new album to use on merchandise, like recordings, clothing, entertainment services, phone charms, notebooks, and more.

Just how many trademarks does one singer/songwriter need? Swift already owns several, including these phrases from earlier songs:

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Topics: trademarks

A Smorgasbord of Recent Geographical Indication News

by T+B BLOG TEAM on Wednesday, 28 June, 2017

The EU has several geographical indications, like PDO (protected designation of origin) PGI (Protected Geographical Indication) that are similar to France’s AOC (appellation d'origine controlee). They all serve to protect the names of food and beverage products that come from a specific area, place, or country, like Champagne, feta cheese, Parma ham, and Cornish pasties.

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Topics: trademarks, names

More Trump Trademark News: Additional Chinese Approvals and “Covfefe” Takes Off

by T+B BLOG TEAM on Thursday, 8 June, 2017

Over the last month, the China Patent & Trademark Office has granted preliminary approval for additional trademarks for US President Donald Trump and his daughter, Ivanka, according to The New York Times. The applications for these newly approved trademarks were filed last year — Trump’s for catering services and his daughter’s for jewelry, wedding dresses, watches, and electronic devices.

President Trump’s number of trademarks in China now numbers nearly 90 registered and 28 that have been granted preliminary approval. Ivanka’s Chinese trademarks total 18, while five have received preliminary approval. CNN Money reports that Ivanka’s company, IT Collection LLC, has at least another 44 trademark applications pending review and approval in China.

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Topics: trademarks

Data Visualization: A Picture Really is Worth a Thousand Words

by Steve Anderson on Friday, 19 May, 2017

Let’s face it—poring through data is tedious. People who have jobs where they have to comb through long linear lists of data—like trademark practitioners—endure hours of intense, painstaking work.

Data on its own doesn’t provide insights—it’s the way it’s gathered, organized, analyzed, and presented that gives it value. Whether it’s sports statistics, sales figures, or trademark registrations, data tells a story. Today, more and more organizations are using data visualization to tell their stories.

The human brain processes visuals 60,000 times faster than text and it’s more accustomed to processing images since most of the information that’s sent to our brains is visual. So it should come as no surprise that we’re able to make sense of data faster from an image.

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Topics: trademarks, trademark clearance

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The title says it all. This is a blog about trademarks and brands, expanding the expertise and resources you’ve come to expect from Corsearch. From expert research tips to the inside scoop on productivity solutions, join the conversation about trademarks and brands.

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