smar(tm)ark® trademark newsletter from Erik Pelton

April 2019

One of the many reasons that I like living in the Washington, DC area is that we experience all four seasons. Spring is my favorite for several reasons; watching the plants bud and blossom is reminder that we are constantly growing and renewing. That is one reason that I love spring and flower metaphors for our work protecting brands.

Wherever you are, I hope you take the opportunity to enjoy spring, watch the plants bud, and plant new seeds for the future.

Spring: A Time of Renewal and Growth (for Trademarks)

As spring arrives, it is a wonderful time to tend your brand garden.

What is the Amazon Brand Registry

In this short video, I talk about the Amazon Brand Registry and why it is valuable for trademark owners.

Supreme Court tackles obscenity trademark

Last week, the US Supreme Court heard a case involving a trademark application for FUCT for use with apparel. The application was refused registration by the USPTO due to statutory prohibitions on registering obscene or scandalous marks. The Court will determine whether that provision of the law is a violation of the First Amendment?

Listen to my podcast discussion of the FUCT case here.

More about last week's hearing, from NPR, here.

I was recently named to the District of Columbia Pro Bono Honor roll (for 2018) last month, for the sixth year in a row. The honor roll recognized attorneys who have contributed fifty hours or more of pro bono work to those who cannot afford legal counsel.

"We salute you for using your talents and expertise to help those unable to afford an attorney, to ensure that they too have equal access to justice. Your compassion and dedication, as evidenced by your pro bono service, have helped to level the playing field."

For more details, see the District of Columbia Courts website.

Last week I participated in a live Trademark Trial and Appeal Board in front of a large audience of law students at the USPTO. This is the third or fourth time our firm has been chosen to present an actual hearing in front of a conference or large group.

And earlier in April, I presented to a North Carolina Bar Association meeting on the year in review in trademarks. To see my slides and materials from this presentation, in which I summarized the most interesting trademark cases (in my opinion) of the last year, see here.

If there are any topics or issues you would like to see covered here, let us know!

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This publication has been prepared for the general information of clients and friends of the firm. It is not intended to provide legal advice with respect to any specific matter. Under rules applicable to the professional conduct of attorneys in various jurisdictions, it may be considered advertising material.