A case of first impression: American Indians seek cancellation of the trademarked term "Redskins."
Article Abstract:
Native American groups have brought suit against the National Football League and the Washington Redskins to have trademark registration of the team's name cancelled under 15 U.S.C. 1052(a) because it is offensive and disparaging. No trademark has ever been cancelled under this statute. The Trademark Trial and Appeal Board has heard the petition and allowed it to go to federal court. The petitioners will need to show that they represent a substantial composite of the US and that the term "Redskins" is considered offensive to meet their evidentiary burden.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Trademark law in the computer age: applying trademark principles to the "look and feel" of software
Article Abstract:
Trademark law should be used to expand protection of software "look and feel" because the courts have been unwilling to extend copyright protection to user interfaces. Protection is needed because of the value of interfaces and the likelihood of consumer confusion. Trademark protection is appropriate because of the non-functionality of the look and feel and the secondary meaning that attached to a user interface. Copyright and trademark should be made applicable to user interfaces.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
When trade dress protection may not be enough: two recent case studies
Article Abstract:
Practitioners should look beyond trade dress protections and consider design patent, functional patent, or copyright protections for product designs and configurations. Design patent protection, however, may be the most important simultaneous or supplementary protection for trade dress protection. The proper protection depends on the products' features such as ornamental functionality, appearance and ornamental features.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: A jurist of first impression; it's second nature to Leah Sears-Collins. U.S. officials look at Miss. jail hangings
- Abstracts: The ten best companies to work for in America. Can companies trust their employees? BSR bookshelf
- Abstracts: A matter of full faith: legislators scramble to bar recognition of gay marriages. Judge gets tough in fungicide trials
- Abstracts: Meetings by video now can happen on desktop: law firms that want to use video conferencing can choose either a PC-based or a group system
- Abstracts: Merit moves on. Merit pay and grading at the BBC. Merit pay in education