The concept of distinctiveness is important under trademark law because it is one of the requirements for a federally registered mark. Distinctiveness goes to the strength of the mark. In theory, the...
Eight months after the U.S. Supreme Court held in the Elster case that so-called Names Clause under Section 2(c) of the Lanham Act, the federal trademark law, prohibited the use of a living person’s...
By Brent T. Yonehara INTRODUCTION There has been recent controversy regarding the use of the Washington Redskins trade name. Today, the Trademark Trial and Appeal Board (TTAB) summarily cancelled six...