Blog Posts: https://xitter.cf/t.co/gPr2zSrGtl Roberto Ledesma: Trademark, Domain Name, Copyright, Intellectual Property Lawyer [email protected]

NYC
Joined September 2013
Louis Vuitton building, 57th St. NYC
1
1
166
Another legal loss for trump. This time a UDRP action he initiated over the domain name <maralago.com>: wipo.int/amc/en/domains/deci… I represented the prevailing respondent/defendant via Lewis & Lin.
1
2
5
406
The great @SteveEarle at City Winery last night singing “Galway Girl”
215
Hail to the Victors! #GoBlue
Amazing game and an incredible season! Congratulations to the NATIONAL CHAMPIONS, @UMichFootball! #GoBlue
251
This Sports Illustrated story is wild. The TLDR is that they bought AI-generated headshots and created fake writer profiles so they could publish AI-generated content and make it look real. They then deleted the content when asked about it. Super sad. SI used to be the best.
349
3,353
852
12,967
6,450,702
Dave Matthews Band (@davematthewsbnd) cover of “Just Breathe” from Pearl Jam (@PearlJam) — live from Madison Square Garden 11/17/2023
4
421
CAFC reverses TTAB decision applying Section 2(c) bar requiring consent of living individual named in a trademark, ruling the gov’t doesn’t have a privacy/publicity interest in restricting speech critical of public officials/figures, absent actual malice: cafc.uscourts.gov/opinions-o…
1
3
1
1
Here, the trademark application at issue is for the mark TRUMP TOO SMALL for shirts. The CAFC notes its decision is on an “as-applied challenge,” meaning unconstitutional in this specific context, not in the statute. Section 2(c) lives, for now, but it’s not entirely clear how.
1
1
Section 2(c) protects a privacy interest that distinguishes the “Trump Too Small” case (Vidal v. Elster) from the recent SCOTUS trademark cases addressing trademark registration and First Amendment law. Oral argument at the Supreme Court tomorrow: scotusblog.com/case-files/ca…
Replying to @rtushnet
"The purpose of requiring the consent of a living individual to the registration of his or her name, signature, or portrait is to protect rights of privacy and publicity that living persons have in the designations that identify them" tmep.uspto.gov/RDMS/TMEP/cur…
303
“The New York-based restaurant is named after a literal Google search, betting it can bring in customers with the power of SEO—the practice of making a business, website, or content more findable in search engine results.” theverge.com/2023/10/26/2393…
2
1
4
10,136
Proof of Use retweeted
Dick was a football player personified. He played the game the way it’s supposed to be played. He will be missed by all the Chicago Bear family. RIP my friend!
181
1,685
103
13,591
759,578
Proof of Use retweeted
Has anyone done more off a single work of IP than Jimmy Buffett? (song, book, beer, restaurant, hotel, casino, etc.)
2
4
3
A puddle in my beloved New York
86
101
4
3,668
123,800
The Supreme Court vacated the 9th Circuit’s ruling in Diece-Lisa, where Rogers was applied in a reverse confusion context. The case was remanded for further consideration in light of Jack Daniel’s: supremecourt.gov/search.aspx…
Rogers is supposed to be a balancing test btw 1st Amendment & Lanham Act interests. The 9th Cir's line of Rogers cases took its application beyond titles of expressive works in a way that created an imbalance against the trademark owner. The Supreme Court has now reset the scales
4
2
989
If your name is NAMELESS then you aren’t really nameless …
152
The song “is likely to be a 1978 Lennon composition called Now and Then. The demo was one of several songs on cassettes labelled “For Paul” that Lennon made shortly before his death in 1980, which were later given to McCartney by Lennon’s widow, Yoko Ono.” theguardian.com/music/2023/j…
1
1
1,115
A trademark application for DUMP TRUMP AND LOCK HIM UP for a blog about Donald Trump is in suspension on appeal at the TTAB pending the Supreme Court's decision in In re Elster. TTAB record here: ttabvue.uspto.gov/ttabvue/v?…
1
335
Rogers is supposed to be a balancing test btw 1st Amendment & Lanham Act interests. The 9th Cir's line of Rogers cases took its application beyond titles of expressive works in a way that created an imbalance against the trademark owner. The Supreme Court has now reset the scales
“Without deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.” SCOTUS reigns in 9th Cir application of Rogers
1
2
1
4
1,734
“Without deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.” SCOTUS reigns in 9th Cir application of Rogers
1
2
1
2
1,216
Here’s the Supreme Court’s unanimous opinion: supremecourt.gov/opinions/22…
130