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On May 18, 2018, Hasbro announced that the United States Patent and Trademark Office ("USPTO") approved its application to register the scent of its well-known Play-Doh clay. 1 Barring a successful legal challenge to the registration, this development means that Hasbro will be able to prevent its competitors from using confusingly similar scents for their [ ... ]

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On June 19, 2017, the U.S. Supreme Court unanimously ruled in Matal v. Tam that the Disparagement Clause of the Lanham Act violates the First Amendment’s Free Speech Clause and constitutes viewpoint discrimination.[1]

The trademark at issue in Tam was THE SLANTS for live music performances. By using this mark, an Asian-American rock band, The Slants, aimed to reclaim a r [ ... ]

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Typically, for a copyright owner to identify and pursue an anonymous infringer on the Internet, he or she must initiate a copyright infringement lawsuit against a “John Doe” and use the discovery process to unmask the defendant’s identity. Although commencing a “John Doe” litigation is appropriate in certain circumstances, it can be an expensive and drawn-out process. Fo [ ... ]

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