Monthly Archives: March 2022

Don’t Go Breaking Unitary Marks

An applicant may seek to register any portion of a trademark, if that portion presents a separate and distinct commercial impression. In re 1175854 Ontario Ltd., 81 USPQ2d 1446, 1448 (TTAB 2006). That does not apply, however, where a trademark is considered “unitary”; that is, when the elements of a mark are so integrated or […]

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Consent Not Needed for TRUMP TOO SMALL

When a trademark consists of the name or likeness of a particular living individual, or a deceased president of the United States during the life of his widow, then that mark can be registered only with their written consent. 15 U.S.C. §1052(c); see also T.M.E.P. 813. Consent may be presumed where the individual whose name […]

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Copyright Office Says No to AI as an Author

By James Juo. The academic debate as to whether artificial intelligence (“AI”) can be an “author” of  creative works for purposes of copyright is becoming less academic. Advocates of AI exceptionalism argue that AI is able to make functionally creative output in the absence of a traditional human author and AI-generated works should be protectable under […]

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