Month: June 2017

Devils Hand Sign

Rocker Gene Simmons Attempts to Trademark Devil’s Horn Hand Sign

Posted by Andy Johnson on

Even among casual music fans, Gene Simmons and the band KISS are well known and easily recognizable. With their elaborate make-up and costuming, the rock band has iconic status, and although they have been performing for multiple decades, only just recently Simmons decided to file for trademark protection on one of his signature symbols, the devil’s horn hand sign. But even with decades of use and a strong association with the band, the hand gesture may have too many hurdles to overcome for trademark protection.
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SCOTUS Rules in Favor of THE SLANTS Trademark

Posted by Andy Johnson on

In a landmark trademark law ruling, the Supreme Court of the United States held in Matal v. Tam that the Lanham Act’s disparagement clause is facially unconstitutional under the First Amendment’s Free Speech Clause. This case will have significant implications for other case, such as the series of cases addressing the registrability of the mark REDSKINS for an NFL football team. At issue in Matal v. Tam was application of 15 U. S. C. §1052(a) to Simon Tam’s application for registration of the mark THE SLANTS for “entertainment in the nature of live performances by a musical band.” Section 1052(a), also known as the disparagement clause, provides in relevant part that a trademark may not be registered if it: Continue reading “SCOTUS Rules in Favor of THE SLANTS Trademark” →

Dell EMC’s Confidential Use of Brand Name Not Enough to Secure Trademark Rights

Posted by Andy Johnson on

The intricacies of trademark law at the intersection of where trademark rights arise under common law and where trademark rights are secured through federal registration can lead to some interesting water cooler conversations – at least for trademark attorneys. Trademark rights under common law arise primarily through the use of a mark in commerce in connection with goods or services. Trademark rights and legal presumptions secured through trademark registration are generally given a priority date, once secured, as of the date the trademark registration application was filed. However, common law trademark rights arising prior to registration of a mark can prevail over the registration so long as they are also prior to common law rights of the mark secured by the registration. Starting to sound a little complicated? Continue reading “Dell EMC’s Confidential Use of Brand Name Not Enough to Secure Trademark Rights” →

Havana Club Trademark

Florida Lawmakers Hoping Trump Will Help with Havana Club Trademark Dispute

Posted by Andy Johnson on

As President Obama attempted to normalize relations with Cuba toward the end of his presidency, a byproduct was the renewal of a contested trademark registration on Havana Club by Cubaexport, an agency of the Cuban government. Florida lawmakers are now hoping that a more US-centric Trump administration can help them roll this back.
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Wheel of Time Coming to TV

How “rights” lead to a 17 year delay in the Wheel of Time?

Posted by Andy Johnson on

It’s been almost two decades since “The Wheel of Time” adaptation was put into development.  It’s been almost three decades since the first novel in the 14-book series was written.  During the development time, the rights have switched hands multiple times, from NBC, Universal to Red Eagle Entertainment. The past two years have seen the most improvement now that Sony Entertainment has partnered with Red Eagle to bring “The Wheel of Time” to television sets.

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