Children’s Clothing Company Sinks in Trademark Row Against Viacom Over its Use of Term “GUPPIES” in Promotional Merchandise for “Bubble Guppies” Cartoon

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a lower-court decision that Viacom’s use of the trademark “BUBBLE GUPPIES” for promotional merchandise for its show of the same name did not infringe on a children’s clothing brand that had registered the trademark “GUPPIES,” primarily because the “GUPPIES” mark – which had been

The Ninth Circuit Affirms Significant Legal Victory for Fox, Allowing Hit Television Series Empire to Continue Producing Show and Merchandise over Record Label Empire Distribution’s Objections

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a lower court’s holding that Fox’s use of the name “Empire” for its hit television series is protected by the First Amendment, leaving record label Empire Distribution without any recourse on its trademark infringement claims.  A copy of the full decision is available here. 

Waving the Checkered Flag: Ninth Circuit Affirms Dismissal of Trademark Claims Arising from PlayStation Racing Games

The U.S. Court of Appeals for the Ninth Circuit this week summarily affirmed a dismissal, from two years ago, of trademark claims brought by flooring company VIRAG, S.R.L. (“Virag”) against Sony Computer Entertainment America, LLC (“Sony”).  In a three-page unpublished opinion, the appeals court held that Sony’s use of the “VIRAG” trademark as set dressing

Elliot v. Google, Inc. (9th Cir. May 16, 2017): Internet Search Giant Dodges Grammar-Based Genericide of Its Ubiquitous Trademark

A panel of the U.S. Court of Appeals for the Ninth Circuit ruled this month that Google’s trademark has not lapsed into the public domain by becoming generic even though today’s digital vernacular uses “google” as a verb synonymous with searching the Internet.  As a general rule, generic terms used as trademarks are not protectable

#TRADEMARKS: Registration of Hashtag Marks

The #hashtag, once confined to Twitter, has become ubiquitous across virtually all social media platforms.  The hashtag (formerly known as the “pound” sign) has revolutionized the way information is organized, discovered, and shared online.  Social media users use hashtags – i.e., a keyword or phrase preceded by the hashtag symbol (#) – to identify social

Cowan, DeBaets, Abrahams & Sheppard LLP is Pleased to Announce that Scott J. Sholder has Become a Partner of the Firm

Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce that Scott J. Sholder has become a Partner of the Firm Scott J. Sholder is a partner in the firm’s Litigation Group. Scott represents individuals and companies in the entertainment, traditional and digital media, sports, and consumer products industries. His practice focuses on matters involving

CDAS Attorneys Appointed to 2016-2017 INTA Committees

Cowan, DeBaets, Abrahams and Sheppard LLP Partner, Eleanor M. Lackman, and Associate, Joshua Wolkoff, have been appointed to International Trademark Association (INTA) committees for the 2016-17 term. Ms. Lackman will serve on the International Amicus Committee. The committee provides expertise concerning trademark and other IP-related laws to courts and trademark offices around the world through

Throwing the Challenge Flag: NCAA Athletes Successfully Demand Expansion of Publicity Rights

Two recent federal court decisions reflect a judicial willingness to extend the traditional bounds of publicity rights, affording both current and former National Collegiate Athletic Association (NCAA) athletes the opportunity to share in the revenues earned from commercial use of their names and likenesses in videogames, live game telecasts, and other licensed products. Under the