• Posts by Jennifer A. Van Kirk
    Partner

    Jennifer Van Kirk counsels clients on a wide variety of intellectual property matters, including all aspects of ‎trademark and brand protection: trademark clearance, prosecution, licensing, portfolio ‎management, and litigation guidance. Her experience includes traditional ...

Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks. However, we have learned of a new, bolder scam.  We have multiple reports of clients receiving telephone calls claiming to be from the United States Patent and Trademark Office (USPTO). The caller claims an immediate payment is needed to maintain a trademark filing, when no such payment is in fact needed. The caller is armed with specific data about the filing (which is all public record) and often calls within a day or two of when an application is filed. One caller even spoofed the USPTO telephone number, and pointed their potential victim to that number on the USPTO website in an effort to legitimize their claims.

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Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large.

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Continuing on this captivating musical journey, our hosts explore familiar tunes, recent copyright disputes, music copyright intricacies and potential infringement risks.

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Have you ever experienced musical déjà vu? Join our hosts on a musical journey through familiar tunes, recent copyright disputes, musical copyright intricacies and infringement risks. 

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Have you ever wondered how common words can become exclusive trademarks? Tune in to learn how The Ohio State University secured a trademark for the word "The" in relation to apparel and unravel the intriguing world of trademark registration for other everyday words and phrases.

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Are you curious about how Artificial Intelligence (AI) is shaking up the world of Intellectual Property (IP)? Tune in to discover the latest developments in this complex field.

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We laugh our way through some fun trivia and then discuss the latest at the USPTO with Molly Kocialski, Director of the USPTO's Rocky Mountain Regional Office.

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Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.

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When to laugh or when to sue? Famous brand owners face this question when their brands are used as the butt of a joke or in humorous-intending spin-off products.

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The Metaverse is a virtual environment whose digital attributes persist even if the user is not logged online. What makes the Metaverse more complex is its integration with new technology. Wearable technology such as the Oculus give the Metaverse the capability to virtualize almost all facets of the real world. The similarities to the real world and high functionality can lead to legal issues, including trademark issues.

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Do you enjoy snacking on Gruyere and Roquefort cheese while sipping champagne or sparkling wine and watching the American Football Conference? Please join us as we map out the world of geographic trademarks.

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Student-athletes can now profit from their own name, image, and likeness thanks to NCAA rules changes. However, what is and is not allowed is far from clear. Join us as we discuss the myriad state and school rule changes regarding student-athlete endorsements.

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The limited availability of custom-designed shoes, clothing, and accessories makes these items highly desirable and they fetch high prices. But are they legal? Tune in as we discuss IP issues that can arise from the design and sale of customized fashion.

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WTF is an NFT? NFTs (Non-Fungible Tokens) are all the rage, with some works being sold for six-figure prices. But, are NFTs a valuable one-of-a-kind commodity or merely a fad? What IP rights does an NFT owner own and how can they be enforced? What IP precautions should NFT creators take? Join us to find out!

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Are food delivery companies picking up claims of infringement when they pick up your order?  We explore the potential intellectual property issues with delivery services acting as, or claiming to act as, representatives of restaurants and other brick-and-mortar locations.

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In this episode, we take a look back at some of our hottest topics and the latest trends from the past year: Chairman Bernie, Tiger King vs. Carole, Bad Tattoos and Band Names!

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Logging in isn’t like going to class: as students are forced to learn through distance learning, what new intellectual property issues are popping up in the online classrooms?

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Well, that escalated quickly! Has your meme gone viral? Have you become a meme? Join our team as they discuss the intellectual property implications of memes. Even Grumpy Cat would approve.

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The United States Patent & Trademark Office has enacted a Final Rule that will increase the
fees for filing trademark applications, maintaining trademark registrations and filing
oppositions and cancellations before the Trademark Trial and Appeal Board, effective
January 2, 2021.

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Campaign rallies and political events are kicking off, and so are the cease and desist demands! Our team discusses many of the IP issues that politicians can find themselves in. Find out more in this episode.

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Get the swear jar ready, because our hosts are pushing the envelope this episode! How far can trademarks go when the mark might include offensive language or imagery? Find out in this episode!

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We're putting the band back together, man! Wait, who owns the name? What happens to the ownership between management and band members while the band is together and after they split up? Who can claim their legacy? Find out in this episode.

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To protect or not to protect. Are tattoos subject to copyright protection? Can tattoos infringe a trademark? Join us as we explore the lines associated with intellectual property protection of tattoos and how those issues affect what tattoo artists, recipients, and even photographers need to keep in mind.

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Can a generic word combined with “.com” ever be eligible for trademark protection in the United States? Yes, under the Supreme Court’s 8-1 decision in United States Patent And Trademark Office v. Booking.com  B.V., issued today.

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Businesses small and large have been impacted in myriad ways by the COVID-19 crisis but some businesses have responded by reinventing themselves by making products or providing services to meet the new demands of COVID-19.

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Taking a few small steps to set up your company’s Digital Millennium Copyright Act agent can provide significant protection against copyright claims.

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Join our panel of intellectual property lawyers as they discuss the IP litigation cases and issues associated with one of the hottest shows on Netflix - Tiger King. Hear how you can avoid some trademark pitfalls.

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The USPTO has twice announced extensions of certain trademark and patent deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The most recent extensions will lapse on May 31, 2020, but the USPTO will continue to offer some relief.

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The USPTO has announced extensions of certain patent and trademark deadlines in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Under some conditions, discussed below, deadlines for filing certain patent and trademark related documents and paying certain required fees that would otherwise have been due between March 27 and May 31 may now be filed on or before June 1.

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The USPTO, like many other trademark offices worldwide, has responded to the COVID-19 outbreak by offering extensions of time for certain deadlines related to trademark applications and registrations. A 30-day extension of time is now available.

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On February 6, 2020, the United States Patent & Trademark Office (“USPTO”) published an Examination Guide announcing new rules scheduled to go into effect on February 15. Among the new rules, is a requirement that any trademark owner (e.g. applicant, registrant, or party to a litigation matter before the Trademark Trial & Appeal Board) provide a valid email address for correspondence, even if there is an appointed U.S. attorney.

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The United States Patent and Trademark Office (USPTO) now requires all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States to prosecute trademark applications, file post-registration maintenance documents, file submissions in Madrid applications, or respond to Trademark Trial and Appeal Board (TTAB) proceedings.

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A new adult-themed domain name blocking mechanism has announced a promotional price incentive that expires on December 31, 2019. We recommend considering this option for your most valuable marks.

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