Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Brands

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Promoter of Pugilist Products Fails to Prove Priority

Posted in Brands, Trademarks
In a case of first impression, the Trademark Trial and Appeal Board (the “TTAB”) decided that a licensee, even an exclusive licensee who has been appointed by the licensor as its representative for protecting intellectual property rights, cannot assert her licensor’s purported priority rights to prevail in a claim of likelihood of confusion. Moreno v.… Continue Reading

CHEERI-NOS

Posted in Brands, Trademarks
Cheerios® may have a trademark registration for the slogan The One and Only®, but the Trademark Trial and Appeal Board shot down its attempt to register the color yellow for its box, finding that it was not the one and only cereal with a yellow box. Cheerios have been a staple on the American family’s… Continue Reading

Benefits of Registration

Posted in Brands, Trademark Basics, Trademarks
Recently, Amazon rolled out its revamped brand registry. This is a recent example of an online marketplace encouraging intellectual property owners to embrace the platform by taking steps to protect such owners’ rights. Amazon encourages participation in the brand registry by noting that those who enroll “can work together [with Amazon] to reduce potential intellectual… Continue Reading

Mr. Met Regrets His Error, But Will Survive

Posted in Brands, Trademarks
It’s an old story: the company has associated itself with a particular celebrity in advertisements and other promotions, and now things have gone off the rails for that celebrity. Suddenly, Hertz’s long use of OJ Simpson to endorse the company just isn’t working anymore. The Livestrong Foundation, formerly the Lance Armstrong Foundation, separated from its… Continue Reading

Family Feud

Posted in Brands, Trademarks
You may be familiar with the old adage that “the best defense is a good offense.” A recent case decided by the Trademark Trial and Appeal Board (the “TTAB”), Azeka Building Corp. v. Bryan Kenji Azeka, Opp. No. 91218679 (May 3, 2017) suggests that a good offense requires a good defense as well. In Azeka,… Continue Reading

Twinning the Kentucky Derby

Posted in Brands, Trademarks
This weekend marks the first Saturday in May. Being a Louisville native, this means you are off to the races for the 143rd running of the Kentucky Derby at Churchill Downs, which they bill as “the longest continually running sporting event in America.” The iconic Twin Spires, which perch atop the grandstand of Churchill Downs,… Continue Reading

The Brawny Woman #StrengthHasNoGender

Posted in Brands, Trademarks
Greetings from Stites’ newest member of the Trademarkology family! My name is Rachel and I am so honored to be making my debut as a guest blogger on Trademarkology this week! I work in our Nashville office and I love finding ways to have fun while trying to figure out this crazy little thing called… Continue Reading

Writing Off Your Rights

Posted in Brands, Copyright, Trademarks
  I have twins.  Yes, we have two of most everything.  No, it doesn’t make it easier.  The twins don’t always remember who owns what or whether the object was traded.  I hear a lot of, “That’s mine!”  Somehow, that familiar childhood fight doesn’t seem to change as we grow up, and many of my… Continue Reading

Pat Summitt: A Brand That Lives On

Posted in Brands, Trademarks
  I had nearly completed a blog post that I intended to publish today—a post actually about trademarks, branding, and intellectual property—but, when the news of Pat Summitt’s death broke early this morning, I decided to put it aside and take some time to honor her memory.   Like many athletic girls who grew up… Continue Reading

Monday Night Football

Posted in Brands, Trademarks
Last Monday, Pro-Football, Inc. petitioned the U.S. Supreme Court to hear its case (Pro- Football, Inc. v. Blackhorse) before the Fourth Circuit Court of Appeals rules on it, but only if the Supreme Court grants certiorari in Lee v. Tam. Asking the Supreme Court to take a case before the Circuit Court of Appeals renders… Continue Reading

America’s Prince

Posted in Brands, Copyright, Trademarks
The legal legacy of The Artist Formerly Known as   is impressive; we’ll miss his fabled stories and exploits.  Years ago, we posted about the background dispute behind Prince’s fight with his label that resulted in his name change from Prince Rogers Nelson. But these quirky stories aren’t what I find to be so impressive.  Instead it… Continue Reading

When Brands Go Bad

Posted in Brands, Trademark Basics, Trademarks
Have you ever looked at a product and thought, “what an awful name”?   If you did, I bet you did not buy that product.  A good name for your business or product is essential to success.  The recipe for finding this golden nugget involves equal parts creativity and research.  On the creative side, you have… Continue Reading

Elfin’ Around

Posted in Brands, Copyright, Trademarks
Now that we’re finished stuffing ourselves with turkey and cranberries, it is officially the Christmas season [regardless of retail marketing that started in October].  Now we can start stuffing ourselves with Christmas cookies, candies, and other goodies and celebrate with friends and family near and far.  Here at Trademarkology, we have a lot to celebrate… Continue Reading

For a Limited Time Only….

Posted in Brands, Copyright, Trademarks
Hallowe’en is only a few days away. That means there is limited time left to get your favorite Monster Cereals from the grocery store! General Mills’ Count Chocula, Franken Berry, and Boo Berry cereals are only a few years older than I am.[1] (Not the boxes in my pantry; the original brands.) So these annual… Continue Reading

Watch Out!

Posted in Brands, Trademarks
Are Apple and Swatch on a trademark collision course? Some think so, but some think different(ly). We will see in time. Last month, Swatch filed applications in Switzerland to register the mark TICK DIFFERENT for use in connection with various goods in Classes 9 and 14 (including “computers and batteries and electronic equipment and batteries… Continue Reading

Urban Meyer & The Ohio State University: Trademark Trust Falls

Posted in Brands, Trademarks
  I recently read an interesting article in Forbes entitled “Why On Earth Did Ohio State’s Urban Meyer Have To Register His Name With The Trademark Office?” The article discusses why there is a trademark registration on his personal name.  It’s a good article; check it out.  The U.S. Trademark Office has particular rules about registering the… Continue Reading

Using your mark for Good(Will)?

Posted in Brands
Using Brands to Build Goodwill and Social Awareness Today, Google’s doodle honors Ida B. Wells, the 19th century suffragist and civil rights leader. Ms. Wells is an admirable figure in our history. Do you feel any of that admiration rubbing off on Google? For those who may not know (who are you?), Google creates variations… Continue Reading

DO YOU HAVE A DAD BOD?

Posted in Brands, Trademarks
As we approach Father’s Day, I began thinking about the attributes of my father and husband.  Like many of you (unless you are plagued with procrastination), I hopped online to look at potential gifts.  In searching fatherly topics, I came across a term which I am apparently too old to know about – the “Dad… Continue Reading