Statutory Interpretation of the Lanham Act Provides a Path to Bypass the Hague Convention

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On November 14 2022, the United States Court of Appeals for the Ninth Circuit ruled in San Antonio Winery Inc v Jiaxing Micarose Trade Co Ltd (“Jiaxing”) that foreign parties to a trademark infringement complaint can be served by trademark owners […]

The Confusing Side of Offensive Marks: Matal v Tam’s Implications

The Supreme Court of the United States’ decision in the 2017 case of Matal v Tam (“Matal”) has important implications for trademark law inside and outside of the United States.”  In ruling that the Lanham Act’s “non-disparagement” provision violated the First Amendment, the Court affirmed the decision of the Court of Appeal for the Federal […]

The Washington Wrong-Skins: A Moral Victory over Tasteless Trademarks

The football field is for helmets not headdresses. In the much talked about June 18, 2014 decision in Blackhorse v Pro Football, Inc. the United States Patent and Trademark Office (USPTO) made a clear statement that culturally-insensitive trademarks would not be tolerated. The Trademark Trial and Appeal Board (TTAB) decided to cancel six federal trademark […]

Will Amazon Get Burned for Playing with Fyre?

Has Amazon, the hero of online shopping and home of the Kindle, become the newest provider of pay-per-view porn? According to WREAL, the company behind the adult entertainment streaming device and website FyreTV®, this is just a taste of the confusion apparently created by the launch of Amazon’s similarly named Fire TV. Consequently, attorneys on […]

Shiver Me Timbers! US Court Declines to Exert Jurisdiction Over Pirate Joe's

In the past, Canada has been labeled as a pirate haven, but this is now literally true for Trader Joe’s lovers in Vancouver.