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Intellectual Property Bulletin
 

Crystal T. Broughan, Esq. - Shareholder - Intellectual Property Attorney
904-398-0900 - www.marksgray.com

Welcome! 

We have seen two major changes in trademark law recently. A new rule issued by the USPTO now requires foreign trademark applicants and registrants to have US licensed attorneys to handle all matters with the USPTO, and the US Supreme Court opened the door for the registration for scandalous and immoral trademarks.

Both of these topics are covered in this newsletter, as well as an explanation of the difference between parody and satire. If you have any questions about the recent updates to trademark law or other intellectual property issues, please reach out. I am available to help. 

Thank you for your readership, support, and referrals.


- Crystal T. Broughan

Foreign Trademark Applicants and Registrants Now Required to Have US-Licensed Attorneys

On July 2, the United States Patent and Trademark Office (USPTO) announced a new rule for applicants, registrants, and parties who live outside the country. They must be represented by a US-licensed attorney for filing applications and all activity with the USPTO and Trademark Trial and Appeal Board (TTAB) proceedings starting August 3, 2019. 

READ MORE ▼

Supreme Court Rules Brunetti Has Right to Register Scandalous Trademark

We have been following the story of the trademark application for FUCT that was originally filed with the USPTO in May 2011, in Class 25 for clothing, all the way to the US Supreme Court.  Erik Brunetti, the owner of the trademark FUCT, challenged the constitutionality of the scandalous clause in the Lanham Act which was used by the USPTO to deny the registration of his trademark. 

READ MORE ▼


IN THIS ISSUE



- Foreign Trademark Applicants and Registrants Now Required to Have US-Licensed Attorneys
 

- Supreme Court Rules Brunetti Has Right to Register Scandalous Trademark
 

- Copyright Fair Use: Distinction between Parody and Satire

Copyright Fair Use: Distinction between Parody and Satire


Written by Guest Author,
Marks Gray Associate
Logan McEwen    


In the United States, a copyright-protected work can be utilized without authorization of the copyright owner if it is a “fair use” of the copyright-protected work. 


Fair uses of copyright-protected works generally fall into two categories: (i) commentary and criticism, or (ii) parody. The fair use exceptions balance between promoting the creation of art through copyright protection and not inhibiting freedom of speech.

READ MORE ▼


You Created It.
We Protect it.

 



Crystal T. Broughan
Intellectual Property Attorney


Website:
MarksGray.com


Phone:
904-398-0900


Email:
cbroughan@marksgray.com




 
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