Posts By: Cole Shiflet

Scandalous Trademarks: Fuct

Written by James Tuck and Jenna Figueroa In Iancu v. Brunetti, the Supreme Court recently struck down the United States Patent and Trademark Office’s (USPTO) ban on scandalous trademarks for violating the First Amendment. This ruling is in accordance with the Court’s 2017 ruling in Matal v. Tam when it found that a registration for… Read more »

Trademarks: Stylized Font v. Basic Word Mark

Written by Brandon Zuniga You’ve created an amazing new product and your mind has drifted to marketing: catchy names, more fonts than you knew existed, and striking designs. As the perfect logo finally takes shape, another thought crashes through your mind—knock-offs. How will you stop them? If an answer like trademarks comes to mind, you… Read more »

Tesla’s Patent Pledge – Using Open Source Bait to Gain IP Leverage

Written by Samie Leigh Publicly traded companies often have significant value in their intangible assets. These assets can include goodwill, branding and intellectual property. Thus, it is prudent for an inventor or startup owner to invest in protecting their intellectual property. This includes protecting a patent portfolio. The Open Source Movement Recently, large companies have… Read more »

Overview of Intellectual Property Law for Architects: Copyrights

Written by Brandon Zuniga This article is part of a series of articles addressing intellectual property law for architects. Intellectual property law encompasses copyrights, trademarks, trade secrets and patents. This particular article focuses on basic copyright law and copyrights for architects. Definition of Copyright Generally, an original work fixed in a tangible medium of expression… Read more »

Netflix Bandersnatch Likely to Confuse?

Written by Samie Leigh A recent lawsuit filed in Vermont against Netflix claims that Netflix’s interactive film Bandersnatch is likely to cause confusion to viewers. As consumers of Netflix, many would agree that Bandersnatch is quite confusing. The premise involves an aspiring video game designer, Stefan, who develops a game based on a fictitious interactive… Read more »

Hindsight Is 20/20: Options for Amending Issued Patent Claims

Written by Brandon Zuniga Do you have an issued patent? Are you involved in an inter partes review proceeding (IPR) before the Patent Trial and Appeal Board (PTAB)? Given the benefit of hindsight, do you wish you could make a few amendments to your patent claims? If you answered yes to any of these questions,… Read more »

Is “UGG” Generic? Understanding the Doctrine of Foreign Equivalents

By James Tuck Deckers Outdoor Corp. (Deckers), the owners of the well-known, federally registered trademark for sheepskin boots, “UGG,” recently scored a major victory over its competitor, Australian Leather Ltd. (Australian Leather). A jury in Illinois awarded it $450,000 in damages for the willful infringement of two of its trademarks. It was not in dispute… Read more »

How Can a Trademark Be Lost During the Trademark Application Process?

Picture of trademark symbol and gavel

Written by Andrew Reed In the first part of this series, we discussed why a business should register their trademarks. In the second part of this series, we will discuss how a trademark can be lost during the trademark application process. While some of these issues may not result in instant loss of trademark rights,… Read more »

Why Should I File for a Trademark Registration? Part One

Picture of trademark stamps

Written by Andrew Reed. You may be wondering why you should register your business’s trademarks.  A business’s brand and identity are two of its most valuable assets. Recently, Nike was said to have received over 22 million dollars from Tiger Woods’ win at the 2019 PGA Masters solely because of the publicity of its trademark… Read more »

Carstens & Cahoon’s Waco Office Is Now Open

Picture of bridges over Brazos River in Waco, Texas

Carstens & Cahoon, LLP is an intellectual property law firm founded in Dallas in 1998. For the first time, the firm is opening a satellite office and has chosen Waco, Texas for that office. Some of the firm’s attorneys have close ties to Waco and selected Waco because of this and Judge Albright’s growing patent… Read more »