Muzamil Huq and Morgan Mitruka authored an article for Bloomberg Law discussing how the right of publicity has recently earned stronger recognition in trademark cases before the United States Patent and Trademark Office (USPTO) and Trademark Trial and Appeal Board (Board).
“Evidence of marketplace realities, including how a mark is actually used, is not usually considered by the USPTO and the Board, despite the fact that trademark rights derive from use,” the authors wrote. “Rather, the USPTO and the Board usually limit their analyses to the ‘four corners’ of an application and/or registration.”
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