Monthly Archives: March 2023

Insufficient Service of Process During the Time for Service

Rule 4(m) of the Federal Rules of Civil Procedure states: “If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant.” But the court must extend the time for service if “good […]

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Supreme Court Arguments About Lanham Act Extraterritorial Scope

On March 21, 2023, the U.S. Supreme Court heard oral arguments about the Tenth Circuit decision in Hetronic International, 10 F.4th 1016 (10th Cir. 2021), that the Lanham Act protections for U.S. trademarks extends to extraterritorial conduct involving foreign sales by foreign defendants. As discussed in a previous blog post, Hetronic, a U.S. company that manufactures […]

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Generic LYTE UP CLOTHING

“A generic name—the name of a class of products or services—is ineligible for federal trademark registration.” USPTO v. Booking.com B.V., 140 S. Ct. 2298, 2301, 2020 USPQ2d 10729 (2020). “A generic term, by definition, identifies a type of product, not a particular source.” In re Gould Paper Corp., 834 F.2d 1017, 5 USPQ2d 1110, 1011 […]

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Purpose of CMI to Provide Notice of Copyright

Section 1202 of the Digital Millennium Copyright Act (“DMCA”) prohibits removing or altering copyright management information (“CMI”) that is “conveyed in connection with” works protected by copyright. Under the statute, CMI is defined to include information such as the title or other information identifying the copyrighted work, identifying information about the author, and identifying information […]

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Commonplace HAVE A GREAT DAY Message

Some common expressions “are inherently incapable of functioning as trademarks to identify and distinguish the source of the products in connection with which they are used.” In re Eagle Crest, Inc., 96 USPQ2d 1227, 1229 (affirming refusal to register ONCE A MARINE, ALWAYS A MARINE for clothing because it would be perceived as an informational […]

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