Overview: The Trademark Trial and Appeal Board affirms the United States Patent and Trademark Office’s refusal to register a trademark for an influencer’s website. Could consumer surveys have influenced this decision? No Room for a...
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Trademarks and Halloween Costumes
Overview: When designing and manufacturing Halloween costumes, are some brands dressing up trademarks to the point of infringement? The Big Business of Dressing Up Spirit Halloween, the largest Halloween-only store in the world, makes over...
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DraftKings and MLB: Will Publicity Rights Reign Supreme?
Overview: The Major League Baseball Players Association files a right of publicity suit alleging that the DraftKings online gambling platform is unjustly profiting from players’ images. DraftKings vs Sports Legends DraftKings and bet365 are online...
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Scent of Trademark Infringement: Abercrombie Counterfeit Claims
Overview: Abercrombie & Fitch Trading Co alleges that a network of parties counterfeited, sold, and profited from fragrances bearing the Abercrombie & Fitch trademarks. This smells like a case for consumer survey use. Abercrombie’s Ascent...
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Bots and False Advertising
Overview: New lawsuit alleges that using bots to play against human beings on gambling platforms creates unfair matchups—and false advertising. The house usually wins, but are bots tipping the odds too far? Case Facts: Skillz...
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