Benjamin Appelbaum, Attorney at Law

January 2018 Archives

Trademark dispute brewing over the use of Titletown

New Jersey football fans may or may not have been happy to see the Green Bay Packers out of the playoffs in 2017. However, the Packers are still making headlines as they defend one of their trademarks in court. Specifically, the team is contesting the efforts of McClatchy U.S.A. to register Titletown, TX as a trademark. The Packers claim that they own the trademark to Titletown and that the new trademark would be too similar to its own.

Mexican "Hotel California" settles dispute with Eagles

Trademark disputes can come to a head for New Jersey businesses dealing with a range of products, even when the other party involved is in a widely variant industry. For example, one ongoing trademark dispute between a Mexican hotel and the U.S. rock band, the Eagles, has been settled after an ongoing series of challenges between the party. The Mexican hotel bears the name Hotel California, the same name as the Eagles' classic hit that continues to be widely played decades following its 1976 release.

Army challenges NHL team using name similar to its parachute team

Whether a company is located in New Jersey or another part of the United States, there are laws about who has the right to use a name. This is what's at the heart of a challenge the U.S. Army has made against an NHL team using the name The Vegas Golden Knights. The Army claims that it has been using the nickname for its parachute team since the 1960s. The hockey franchise with the similar name officially debuted in 2017.

What changes to the patent landscape could mean for IP cases

The patent landscape has changed dramatically since the first patent law was passed by Congress in 1790. There are some patent-related issues that anyone in New Jersey looking to protect intellectual property or secure a patent should know about. For starters, the America Invents Act has made it easier, faster and cheaper for challenges to patent validity to be initiated in the Patent Office instead of district courts. Consequently, many claims are now dismissed at the PO level.

Constitutionality of U.S. Patent Office hearings

In 2011, Congress enacted the America Invents Act to simplify the process of contesting a patent. The law allows residents in New Jersey and other states to challenge the validity of a patent through the federal government's Patent Office procedures rather than at a jury trial.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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