Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Trademarks

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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

The Beyhive® is buzzing . . . about Trademarks!?

Posted in Trademarks
Beyoncé, also referred to as “Queen Bey”, has cultivated and inspired arguably the largest and most influential fan group in the world, known as the “Beyhive”. Beyoncé’s devoted legion of fans have become well-known for stirring a “buzz” on social media platforms like Twitter. The “hive” is always on high alert for all things Beyoncé… Continue Reading

University Licensing Programs

Posted in Trademarks
Can you believe summer is almost over and students are heading back to school? Already some local high schools have begun their fall semester. And college students will be back on campus soon. When I began my freshman year of college, I promptly purchased a sweatshirt with the university’s name emblazoned across the front. That… Continue Reading

CAN YOU SPOT A FAKE INVOICE? Don’t Lose Out by Paying Official-Looking Trademark Registration Renewal and Maintenance Invoices.

Posted in Trademarks
Today, we have a public service announcement in hopes you don’t fall victim to this ever-growing problem. If you have filed a federal trademark application or own a trademark registration with the U.S. Patent and Trademark Office (USPTO), you are probably going to receive—if you haven’t already—fake or misleading invoices. These scams are on the… 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

Cheaper, Faster, … Better?

Posted in Trademarks
In its quest to improve the accuracy of the trademark register, the U.S. Patent and Trademark Office (the “PTO”) has proposed a streamlined cancellation process for review and comment by August 14, 2017. The proposal would modify existing regulations to make the streamlined process an option available to petitioners seeking to cancel a federal trademark… 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

How to Avoid Sadness in March Madness

Posted in Trademarks
I must admit it had not even occurred to me that the March Madness season was upon us. As such, you will not find bracket busting tips, upset picks, or predictions in this post. But don’t click away just yet. If you read on, you will learn something much more valuable (and much more accurate):… Continue Reading

Rebuilding Goodwill

Posted in Trademarks
A week ago last Sunday, millions of Americans watched The Oscars. As everyone now knows, “Moonlight” won the best picture award, but only after “La La Land” was first accidentally announced as the winner. Also, as many people now know, this mistake occurred because an envelope was misdelivered by one of the co-ballot leaders from… Continue Reading

Trump and his Trademarks

Posted in Trademarks
The slogan “MAKE AMERICA GREAT AGAIN” are four simple words that nobody (except for maybe President Trump himself) could have predicted would help launch our new president into the White House. However, President Trump had been sitting on this slogan for years. In fact, on November 7, 2012, the day after Romney lost the election to Obama, Trump decided… Continue Reading

Patriots Trademarks and the Big Game

Posted in Trademarks
Once again, my team is in the Big Game. I can’t help but think back to 2008 when the undefeated Patriots lost to the Giants. Perhaps the fact that they filed trademark applications for “19-0” and “PERFECT SEASON” days before the Big Game jinxed them. Ironically, despite defeat, the Patriots continued to prosecute their trademark… Continue Reading

THE PROCESS of Joel Embiid’s Trademarks

Posted in Trademarks
It seems my step-twins and Joel Embiid have something in common: they all love Shirley Temples. Embiid prefers his made with ginger ale and grenadine and allegedly drank as much as a pitcher a day while recovering from an injury. Embiid’s love of Shirley Temples is so strong that he decided to build a brand… Continue Reading