September 14, 2017

Josh Saltz to speak on Financial Poise Webinar: "Choosing, Building & Protecting Your Brand."

On Tuesday September 19 at 3:00pm ET, Josh Saltz will be a panelist for a Financial Poise Webinar on "Choosing, Building & Protecting Your Brand." Registration is open. More details here:

March 08, 2016

What’s In a Name? The Ban on Registering Disparaging Trademarks is Struck Down

Simon Shiao Tam sought to register his band name, THE SLANTS, with the United States Patent and Trademark Office (“PTO”) but was denied registration when the PTO found the mark to be disparaging to persons of Asian descent. On appeal, the Federal Circuit held that the Lanham Act provision barring registration of disparaging trademarks is unconstitutional under the First Amendment. While disparaging marks may offend members of the community, the Federal Circuit held that denying registration to such marks based upon the message they convey simply fails to pass constitutional muster. The decision is not only likely to lead to an increase in trademark applications for offensive and disparaging marks, it also opens the door for others to argue that restrictions against registering “immoral” and “scandalous” trademarks are likewise unconstitutional.

February 01, 2016

Trademark attorney Josh Saltz successfully defends in re-filed UDRP (Spanish for “snail”) came under attack for the second time when in 2015 Caracol Primera Cadena Radial Colombiana S.A. (“Caracol Primera”) re-filed a Complaint under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) seeking a transfer of the domain. Twelve years earlier, Caracol Primera filed a similar Complaint under the UDRP which was denied for failure to prove that the domain was registered in bad faith. Attempting another bite at the apple, Caracol Primera argued that a 2015 offer by Respondent’s domain name broker to sell the domain to Caracol Primera suggested bad faith. In a detailed decision discussing the heightened standard for re-filed UDRP cases and the sale offer that came nearly eighteen (18) years after the domain was registered, the three member panel once again found that bad faith registration was not shown and denied the Complaint.