Publications

Click a title below to view any of our publications on intellectual property topics. We have also provided PDF versions for download below.

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Trademark Registration of TRUMP TOO SMALL is Not Protected by First Amendment, Supreme Court Holds, AIPPI Newsletter (July 2024)

Trademarks, Parodies, and Free Speech, AIPPI Newsletter (June 2024)

The Trademark, Trial and Appeal Board (TTAB) recently addressed the likelihood of confusion between a pharmaceutical trade mark and a similar one for cosmetics containing cannabidiol (CBD), Law Lore & Practice (December 2023)

GRUYERE Held Generic in the United States, AIPPI Newsletter (May 2023)

The USPTO’s Fight against Fraud: A Sisyphean or Merely Herculean Task?,  American Bar Association Section of Intellectual Property Law’s Landslide Magazine, Vol. 15, No. 2 (December/January 2023)

The Rewards of Volunteerism, American Bar Association Section of Intellectual Property Law’s Landslide Magazine, Vol. 15, No. 1 (September/October 2022)

The challenge of bringing false advertising claims concerning pharmaceuticals, Law Lore & Practice, September 2022

Recent U.S. trademark law developments, Law Lore & Practice, May 2022

UNITED STATES: USPTO Continues to Tackle Increased Fraudulent Filings, INTA Bulletin, November 2021

Article on the perils of taking inconsistent positions during trademark prosecution, Law Lore & Practice, December 2021

Article on a recent court decision over offensive comments on an Instagram account and posts disparaging a University and its brand about COVID-19 practices, Law Lore & Practice, September 2021

Article on a case that illustrates the pitfalls of not adhering to the TTAB’s procedures, Law Lore & Practice, May 2021

Article on recent TTAB decision outlining some of the pitfalls in obtaining trademark assignments, Law Lore & Practice, December 2020

The Eleventh Amendment’s Revenge: States Cannot be Sued for Copyright Infringement Due to Sovereign Immunity, AIPPI e-News, July 2020

An update on the lessons to be learned from a recent pharma trademark case, Law Lore & Practice, June 2020.

An update on the challenges in obtaining summary judgment in the TTAB, Law Lore & Practice, December 2019

“First Amendment Protection for Content Creators 30 Years After Rogers v. Grimaldi,” State Bar of Michigan IPLS Proceedings, Volume 30, Issue 1

An update on potential liability and the application of nominative fair use to the use of a competitor’s marks in hashtags, Law Lore & Practice, May 2019

AI Can Create Art, but Can It Own Copyright in It, or Infringe?, LPA Journal, Spring 2019

An update on the challenges in serving a complaint and summons in accordance with the Hague Convention and Due Process, Law Lore & Practice, December 2018

US Update: US Update: Commentary on the risk of paying the USPTO’s attorneys’ fees in challenging some TTAB decisions, Law Lore & Practice, September 2018

US Update: US Update: An Examination of the Morehouse Defense, Law Lore & Practice, May 2018

US Update: The role of criminal sanctions in a civil suit in the U.S. over counterfeit pharmaceuticals, Law Lore & Practice, December 2017

US Update, Law Lore & Practice, May 2017

Conversations in IP Law – Oliver Herzfeld of Beanstalk Talks about Brand Value and Outsourcing (Interview), Landslide Magazine, a Publication of the ABA

US Update, Law Lore & Practice, December 2016

US Update, Law Lore & Practice, September 2016

US Update, Law Lore & Practice, May 2016

Four IP Virtuosos: William Coughlin, President/CEO Ford Global Technologies (Interview), Landslide Magazine, a Publication of the ABA Section of Intellectual Property Law, Vol. 8, No. 4 (March/April 2016)

Digital Dilemmas: The Music Industry Confronts Licensing for On-Demand Streaming Services,
Published in the January/February 2016 issue of Landslide Magazine

US Update, Law Lore & Practice, December 2015

“New FDA Guidance Implicates Trade Dress Rights,” Law Lore & Practice, September 2015

People Power? A Survey of Surveys
published in 42 World Trademark Review 45 (March/April 2013), and was also published online by World Trademark Review

How to Find and Develop Your Company’s Non-Traditional Trademarks, TD Monthly, January 2013

Brand Planning: Protect Your Trademarks and Intellectual Property, TD Monthly, October 2012

Right of Publicity Law Meets Social Media

An Overview of Social Media Platforms and Associated Copyright and Trademark Risks

Required Disclosures in Social Media
Originally posted in Natural Products INSIDER’s May 2012 issue

Ashly Iacullo Boeche Q&A
Published in the April 2012 issue of Chicago Lawyer Magazine

A Legal Kaleidoscope – Single Color Trademarks From pre-Owens-Corning Pink Insulation to Louboutin Red-Soled Shoes”

Crash Dummies, Cyber-Ads, and the Internet Troika: Recent US Trademark and Unfair Competition Cases
Published in the October 2011 issue of The Computer and Internet Lawyer

World IPv6 Day Provides a Wake-Up Call, ILTA Peer to Peer magazine (March 2011)

The Ethics of Deception
Pretext Investigations in Trademark Cases

The Surprising Reach of US Anti-Counterfeiting Laws
Published in the November/December 2009 issue of IP Litigator

Anti-Counterfeiting and Anti-Piracy 2009 Case Summary

“The Right of Publicity and Cyberspace” (published in the November/December 2003 issue of IP Litigator.)

Trademark Piracy and Dilution – From Bricks to Clicks

Amicus Curiae Brief on Trademark Dilution