As I recently noted in an article on trademarks in the U.S. and internationally, Metro-Goldin-Mayer and Pennsylvania State University are two entities in different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name). But they do have something in common in that each is known for the roar of a lion:

Continue Reading Recent Noise Over Acoustic Trademarks

Interesting question: Can someone trademark another person’s name without that person’s consent? The answer to that is usually “no,” but, hey, we would not be the first people to say that we live in interesting times. And if we said that, we would not be infringing on anyone’s rights. That aside, the answer to the first question this week is “yes,” at least when the person is a public figure, and the trademark is viewed as an exercise of free speech critical of that public figure.

Continue Reading Does TRUMP Trademark Ruling Create First Amendment Exception That Is TOO BIG or TOO SMALL?

Congratulations—you’ve been sued again. This time it’s in federal court under the Lanham Act. You review the complaint, and while it’s not outrageously frivolous on its face (which we previously discussed here), it’s also not your run-of-the-mill Lanham Act case. You might assume that your only option is to fully litigate the claim, and