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Trademark Lessons from The Bear

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. I’ve been in the world of trademarks for 25 years.

Trademark 130
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WIPIP 2022, Session 6 (TM)

43(B)log

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect.

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USC IP year in review, TM/ROP

43(B)log

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights.

IP 94