A case of first impression: American Indians seek cancellation of the trademarked term "Redskins."

Article Abstract:

Native American groups have brought suit against the National Football League and the Washington Redskins to have trademark registration of the team's name cancelled under 15 U.S.C. 1052(a) because it is offensive and disparaging. No trademark has ever been cancelled under this statute. The Trademark Trial and Appeal Board has heard the petition and allowed it to go to federal court. The petitioners will need to show that they represent a substantial composite of the US and that the term "Redskins" is considered offensive to meet their evidentiary burden.

Cases, Native Americans, Native North Americans, Washington Redskins

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Trademark law in the computer age: applying trademark principles to the "look and feel" of software

Article Abstract:

Trademark law should be used to expand protection of software "look and feel" because the courts have been unwilling to extend copyright protection to user interfaces. Protection is needed because of the value of interfaces and the likelihood of consumer confusion. Trademark protection is appropriate because of the non-functionality of the look and feel and the secondary meaning that attached to a user interface. Copyright and trademark should be made applicable to user interfaces.

Software

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When trade dress protection may not be enough: two recent case studies

Article Abstract:

Practitioners should look beyond trade dress protections and consider design patent, functional patent, or copyright protections for product designs and configurations. Design patent protection, however, may be the most important simultaneous or supplementary protection for trade dress protection. The proper protection depends on the products' features such as ornamental functionality, appearance and ornamental features.

Interpretation and construction, Copyright, Copyrights, Trade dress (Trademark law), Trade dress, Patent law, Industrial design

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