The United States Patent and Trademark Office (“USPTO”) posted an update on its official website yesterday with information about its activities during the shutdown. Up until this point, the USPTO has been operating through the use of prior-year fee collections. The USPTO now expects that patent operations will continue to function normally until “at least
Trademarks
More Than Just a Game
By William W. Stroever & Nicole Indelicato on
The issue of intellectual property used within video games is in the news again. If you haven’t already heard, wildly popular video game Fortnite features a dance called “Swipe It” that is the center of a pending lawsuit. Brooklyn-based rapper 2 Milly is claiming he created the dance in 2015 and the game’s creators swiped…
Beware of A Scam Affecting the Amazon Brand Registry!
By William W. Stroever on
Posted in Internet, Trademarks
Attention brand owners and users of the Amazon Brand Registry: you need to be aware of a scam currently happening at the United States Patent and Trademark Office (“USPTO”). Scammers are submitting fraudulent requests to change email correspondence addresses for trademarks owned by other parties. As soon as the email address is changed, the scammer…
Swan-Shaped Pool Toy Claim Won’t Float, According To Second Circuit
By Nicole Indelicato & William W. Stroever on
Posted in Intellectual Property, Trademarks
Two manufacturers of large inflatable swan-shaped pool floats made a splash in a New York appeals court earlier this month. The Second Circuit rejected a New York company’s attempt to claim exclusive trade dress rights to a swan-shaped pool float, calling the endeavor “impermissibly overbroad.”
In August 2016, Long Island based pool products enterprise, Swimline…
Sculpting Brand Protection with Non-Traditional Trademarks
By William W. Stroever on
Posted in Intellectual Property, Trademarks
Hasbro, Inc. recently made headlines when it received a federal trademark registration for the scent of its Play-Doh product. While it isn’t impossible to register a trademark for a scent, it is rare, and it is a reminder of the many options business owners have to create connections with customers (and even make a…