Elon Musk’s year of controversy continues as startup Operation Bluebird attempts to take flight with its rival social media platform — “twitter.new” — by asking the U.S. Patent and Trademark Office (USPTO) to find that Musk’s X Corp. has abandoned its “Twitter” and “tweet” trademarks. X Corp. responded to this petition on December 16 by
In today’s crowded tech marketplace, brand identity is one of a company’s most valuable assets. A well-chosen trademark doesn’t just help consumers recognize your business – it also provides legal protection against copycats and builds long-term brand equity. When product lifecycles move quickly and competition is global, developing and protecting strong trademarks should be an
On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and Trademark Office’s (PTO) refusal to register a contentious mark, the justices’ concurring opinions reveal sharp divisions over the
Recently, Melissa Jefferson, known professionally as Lizzo, took on the USPTO in a battle to establish trademark rights to a popular lyric from her 2017, Billboard-topping song Truth Hurts. The phrase, “100% That B—h”, which Lizzo admitted was inspired by a tweet, was recently the subject of several lawsuits concerning the authorship of the work
Last week, in Personalized Media Communications, LLC v. Apple, Inc., the Federal Circuit left intact Judge Rodney Gilstrap’s ruling of unenforceability based on prosecution laches and deprived Personalized Media Communications, LLC — a nonpracticing entity — of a paycheck from Apple. At a high level, PMC appealed a final judgment of the U.S. District