On July 2, 2019, the U.S. Patent and Trademark Office announced a new rule requiring all foreign trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed to practice law in the United States. “The requirement applies to all trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the United States. These applicants, registrants, and parties are required to have a U.S.-licensed attorney represent them at the USPTO in all trademark matters.”
News & Victories
Grand Rapids, Michigan -- On March 14, 2019, the U.S.
Los Angeles, CA -- On behalf of firm client Anhing Corporation, Karish & Bjorgum has obtained a jury verdict finding that Anhing's former supplier engaged in willful trademark infringement of Anhing's federally registered MY-THO trademark. Karish & Bjorgum was brought in just a few weeks before the federal trial date.
The global emergence of street art has given rise to novel legal issues, and Karish & Bjorgum partner Eric Bjorgum has been selected to speak at several conferences on these topics. Most recently, he spoke at the 2016 LA Art Show "Dialogs LA" panel entitled “Mural Renaissance in Downtown Los Angeles: Challenges of Expression and Legacy.” Also on the panel were famed public artists Kent Twitchell and Mear One. In November, Bjorgum spoke at Thomas Jefferson School of Law’s conference “The Art of Fashion: Law, Business and the Protection of Art & Fashion." Also attending the conference, which was organized by Professor K.J.
Karish & Bjorgum recently won summary judgment on a copyright case for its client, an importer and seller of toys. KB’s client had been sued for copyright infringement of sculptural works that are embodied in two expanding toys. One toy was clearly covered by a now-expired patent. KB argued, among other things, that the toys were largely functional and that, to the extent the sculptures were copyrightable, the protection was very narrow. The judge agreed, finding the accused toys “extrinsically dissimilar in all the copyrightable elements.” KB’s client is now free to sell these products. As it turned out, the plaintiff had filed several cases on these copyrights, and KB’s client was the first to obtain a favorable judgment.
Dan Kimbell was elected to serve on the Huntington Medical Research Institutes (HMRI) Board of Directors at the January 2016 board meeting. The HMRI Board of Directors members volunteer their time, energy and resources to supporting HMRI’s scientific mission of multidisciplinary, patient-focused research. HMRI is dedicated to enhancing knowledge of diseases in order to improve health and save lives.
Many trademarks consist of two, three, or more words, with some words being “descriptive.” In these cases, the Trademark Office will require that such descriptive word(s) be “disclaimed” to make it clear that that trademark registrant does not have exclusive rights to such descriptive words apart from the trademark as a whole.