Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Trademarks

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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

What Do You Want for Christmas?

Posted in Trademarks
Getting tapped to post on Trademarkology the week before Christmas is quite an honor.  It’s almost as good as being asked by Santa, “What do you want for Christmas?” Speaking of Santa, I was surprised to see just how popular SANTA is in the world of trademarks.  Did you know there are more than 2,000… Continue Reading

NHL Team Trademark Gets Iced

Posted in Trademarks
The National Hockey League is adding a new expansion team in Las Vegas that will play its home games in the impressive new T-Mobile Arena located on the strip.  The new team is scheduled to start playing in the 2017-2018 NHL season.  So, this new team will need a new team name and—you guessed it—trademarks!… Continue Reading

Use It (in Commerce) or Lose It!

Posted in Trademarks
Before a U.S. application filed on an in-use or intent-to-use basis may proceed to registration, the applicant must show that the mark has been used in commerce.  Being right about whether the mark has been used in commerce is important. In fact, the validity of the resulting registration may depend on it. Using a mark… 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

This is the Spinal Tap Lawsuit

Posted in Trademarks
“This is Spinal Tap,” with its eminent quotability, is a cultural touchstone. I had heard of it, but not seen the movie until last year, when my husband sat down to watch it with me as part of his Sisyphean task of filling in the gaps in my pop culture knowledge. In comedy, timing is… Continue Reading

Does One Life Matter?

Posted in Trademarks
No.  At least not according to a recent decision rendered earlier this month by three judge panel at the Trademark Trial and Appeal Board. The Applicant, Tres Vidas Organic, Inc., sought to register the following mark for tequila and tequila infused with vitamins:   The English translation of “TRES VIDAS” is three lives. Unfortunately for… Continue Reading

Audits: They’re Not Just for the IRS Any More

Posted in Patents, Trademarks
Recently, the United States Patent and Trademark Office (the “PTO”) issued its 5,000,000th registration. (Congratulations to the owner of COASTAL TACO BAR + CHILL!). It took until 1974 for the PTO to issue the 1,000,000th registration, but only about five years lapsed between the 4,000,000th and 5,000,000th registrations. Not only is the number of trademark… Continue Reading

What is the difference between a business name and a trademark?

Posted in Trademarks
For that matter, what about fictitious names, dbas and trade names? Recently, I’ve talked to a number of small business owners who have interesting and profitable businesses.  These businesses range from mechanics, to pastry stores, to musical bands.  Recently, I’ve begun asking for more detail as to what these businesses actually were.  This discussion always… Continue Reading

Brexit, Brouhaha, and… Beer?

Posted in Trademarks
        You are probably sick of hearing the word BREXIT by now.  If you don’t yet know what it is, Brexit refers to Britain’s recent vote to exit the European Union.  Since numerous international agreements must now be reversed, there is a lot of uncertainty about how the United Kingdom will unravel… Continue Reading