Can Using Competitor Trademarks in Google Ads Keywords Lead to Legal Trouble?
In the highly competitive landscape of digital marketing, it’s not uncommon for businesses to bid on their competitors’ brand names as keywords in Google Ads. It might seem like a clever strategy to capture traffic from users already searching for a similar product or service—but is it legal? Let’s break down the legal and strategic […]
Why You Can’t Trademark “Tequila” (And Soon, Not Even “Mezcal”)
If you’re in the spirits business and thinking of building a brand around “Tequila” or “Mezcal,” there’s an important legal roadblock you need to understand. In the U.S., these terms aren’t just generic descriptions of alcoholic beverages—they’re protected certification marks tied to geographic origin and quality standards. That means you can’t simply slap “Tequila” into […]
U.S. Copyright Office Issues Key Update on AI and Copyrightability – January 2025 Report.
Last week we attended the American Bar Association Annual “ABA-IPL Copyright Meeting at the U.S. Copyright Office”. We had the opportunity to hear from the Director of the US Copyright Office on Key Updates on AI and Copyrightability. Key Takeaways from the 2025 Copyright Office Report Human Authorship Remains a Core Requirement The Copyright Office […]
Trademark Fee Changes Now in Effect: USPTO Implements New Structure as of January 18, 2025.
The United States Patent and Trademark Office (USPTO) has officially implemented a revised trademark fee structure, which went into effect on Saturday, January 18, 2025. These changes impact a variety of trademark processes, including application filings, intent-to-use filings, and post-registration maintenance. Whether you are managing pending trademarks or maintaining registered marks, it is crucial to understand […]
President Biden Signs the “No Stolen Trademarks Honored in America Act of 2023” into Law
On December 2, 2024, President Joe Biden signed into law H.R. 1505, the “No Stolen Trademarks Honored in America Act of 2023,” an important measure to protect intellectual property rights and address the legacy of trademarks confiscated during government seizures, particularly in Cuba. This legislation strengthens prohibitions against enforcing or validating trademarks connected to confiscated […]
Can I be liable if I sell Halloween costumes with famous brands and characters?
Whether a Halloween costume infringes on trademark or copyrights depends on several factors, including the specific design of the costume, its branding, and how it’s marketed. This applies to the commercialization of costumes, no to personal use. Use of Copyrighted or Trademarked Characters or Logos Risk of Infringement: If a costume directly replicates a character’s distinct […]
Unlock Brand Power: Avoid Descriptive Traps, Secure Distinctive Marks!
Section 2(e)(1) Mere Descriptiveness Refusals – What It Means and How to Avoid It Understanding Section 2(e)(1) RefusalsThe United States Patent and Trademark Office (USPTO) often issues refusals under Section 2(e)(1) of the Lanham Act when a mark is deemed “merely descriptive” of the goods or services. This refusal arises if the trademark directly describes […]
12th Annual ABA-IPL Trademark Days with the USPTO!
Attending the 12th Annual ABA-IPL Trademark Days with the USPTO this week was a valuable experience, providing a unique opportunity to engage directly with the key figures shaping the future of intellectual property (IP) law. Held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia, this event is one of the […]
Intellectual Property Rights in the AI Era!
Some “Law Sh… you should know” thanks to Viviana Leslie Marenco and Elina Magaly Santana for inviting me to discuss the latest sh… happening in intellectual property law! Related articles Intellectual Property in M&A: Protecting Trademarks & Copyrights in the AI Era Are you “required” to use the trademark ® or copyright © symbols or […]
Vidal v. Elster. “Trump too small”. THE DECISION.
On November 1, 2023, I proudly became a member of the Bar of the Supreme Court of the United States. As part of the admission ceremony, I had the unique opportunity to attend the oral arguments for the case Vidal v. Elster. This Supreme Court case addresses the intricacies of 15 U.S.C. § 1052, a […]