Author Archive | Michael Gallagher

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When is “Use in Commerce” Not “Use in Commerce” for the Trademark Act?

A recent decision from the federal district court in Delaware highlights an important difference between trademark registrations and trademark infringement, potentially giving trademark holders a step ahead in enforcement (read it here). New Balance, the maker of athletic shoes and apparel, sued a Chinese company that was advertising “New Bunren” shoes on the internet. The […]

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Is the Federal Circuit Cutting Back Early Alice Decisions?

In a case recently decided by the Court of Appeals for the Federal Circuit (CAFC), the appeals court appears to announce procedural requirements that may cut down the usefulness of early dismissal motions under the Supreme Court’s landmark Alice Corporation case (read here). In Alice, and in response to the large outpouring of “business method” […]

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The End for “Scandalous” and “Immoral” Trademarks?

The U.S. Supreme Court has struck down the U.S.P.T.O.’s long-standing ban on the registration of trademarks comprising “scandalous” and/or “immoral” trademarks (read here). Petitioner Erik Brunetti has tried to register the mark F-U-C-T for a clothing line and claimed that the mark should be pronounced as four letters, one after the other. For obvious reasons, […]

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Trademark, Trade Name, Domain Name – the Differences Matter in Ohio

A recent Ohio Ninth Circuit Court of Appeals case, based on some convoluted facts and possibly misguided in its outcome, nonetheless illustrates some very important business realities on the intersection of trade names and trademarks in Ohio. Wooster Floral & Gifts, LLC v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63. Kimberly Gantz […]

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