Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

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The Hand Grenade: Powerful Drink, Powerful Mark

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We are fully in the throes of Carnival, a season of parades and other celebrations that begins on January 6 and culminates with Mardi Gras. Mardi Gras, French for “Fat Tuesday, will take place this year on February 28, 2017.  An estimated 1.4 million people will flock to New Orleans to take part in Mardi… Continue Reading

Using Trademarks for Good!

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Monday is Martin Luther King Jr. Day, a national holiday marking the birthday and commemorating the life of one of our most venerated civil rights leaders. The Corporation for National & Community Service (a federal agency that operates, promotes, and supports community service programs and activities) encourages everyone to honor Dr. King by marking the… Continue Reading

Hitman Glass Hit With Default Judgment

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Hitman Glass is in hot water with Starbucks over use of a nearly identical version of Starbucks’ famous logos on a line of glass bongs, t-shirts, and pins. Things really heated up for Hitman Glass when Starbucks was granted a default judgment against the company. Starbucks filed its complaint last June, alleging trademark infringement and false… Continue Reading

Pirates of the Pacific… Northwest

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This is the year for territoriality issues in trademark disputes. As we reported previously, Bayer and Belmora have locked horns over the question of whether someone who owns a trademark in Mexico (and does not use the mark in the U.S. or own a U.S. trademark registration) could bring an action for false advertising, false… Continue Reading

Genericide

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Genericide:  a word that strikes terror in the hearts of any trademark owner or brand manager. What exactly is genericide?  It’s the trademark equivalent of homicide.  It is when a mark becomes so successful and  well known for a given product or service in that it no longer is source identifying.  Rather, the mark identifies… Continue Reading

Curry Scores on Trademark Applications

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Perhaps Steph Curry should have been paying more attention to basketball rather than capitalizing on his trademark during the NBA finals. While Curry won’t get a payout from winning an NBA title, it looks like he has other business plans up his sleeve. On June 16, the day that the Warriors lost Game 6 to the Cavs… Continue Reading

ZIP, ZILCH, NADA

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It is summer festival season in Middle Tennessee. Last week, we experienced the CMA Music Festival, followed by Bonnaroo. This coming weekend, the RC Cola and Moon Pie Festival takes place in Bell Buckle, Tennessee. The festival begins with a run in the early morning (to try and avoid the blistering heat). If you’re lucky,… Continue Reading

“Stairway to Copyright Infringement”- Step Two in Spirit’s uphill climb to prove Led Zeppelin’s ‘Stairway to Heaven’ infringes its copyright

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Trademarkology wants to give a shoutout to our sister blog OP-IP and its recent post on copyright infringement. OP-IP can be found here: http://op-ip-law.blogspot.com. We suggest you subscribe. In the meantime, check out Stephen Weyer’s most recent post: Followers of this blog and classic rock fans everywhere with a keen interest in the nuances of copyright… Continue Reading

KYLIE Who? Minogue and Kardashian Claim Rights to KYLIE

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Two B-list celebrities are battling for rights in the mark KYLIE. Kylie Jenner filed applications to register the mark KYLIE in connection with a large number of goods and services, and, last week, Kylie Minogue has opposed registration to Kylie Jenner’s registration of “advertising services, namely, promoting the brands, goods and services of others; endorsement… Continue Reading

Jeb and Trump Duke it Out Over a Domain

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The Town Hall isn’t the only place Jeb and Trump are fighting this week. Go to jebbush.com. See what happens. Surprised to see this: We knew Trump fought dirty, but we didn’t know he fought with trademarks too. If you’re looking to support Jeb!, you now have to visit jeb2016.com: Someone in camp Jeb! forgot… Continue Reading

What are “Crisps”?

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England and America are two countries separated by a common language. –George Bernard Shaw How true, how true. Take the word “lift” for instance.  Here in America, that’s what I do when I go pick up my longtime partner and friend, Joel Beres, at his condominium to give him a “lift” to a University of… Continue Reading

It’s Derby Week!

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As the beautiful Kentucky countryside greens up during springtime, when the Dogwood trees and Azalea bushes are reaching full bloom, it’s time again for one of Louisville’s greatest claims to fame, the KENTUCKY DERBY® . The Derby, for short, is the most famous horse race in North America, if not the world. The Derby is… Continue Reading

The Hillary Clinton Brand

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Can a name, even a famous politician’s name, serve as a trademark? Any person’s name, without more, is not a trademark. A trademark must serve as a source indicator for goods or services. A person’s name simply identifies a person. It is possible that a person’s name as used in connection with the sale of… Continue Reading

Some Pig

Posted in Trademarks, Uncategorized
Wilbur is not the only one with a claim to fame in the world of pork. The entire industry benefits from a mark found to be famous, a status accorded to only a very select few marks. In 1985, Congress passed an act that created the National Pork Board. This act, intended to foster the… Continue Reading

Apple’s Misfortune is KitKat’s Gain

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Isn’t the saying that “one man’s misfortune is another man’s gain”? Last week, Apple’s misfortune was certainly KitKat’s gain. KitKat capitalized on the “bending flaw” of the new iPhone 6 by tweeting out what’s been deemed the famous #bendgate tweet.   The tweet went viral on social media. In the first 10 minutes, the clever tweet was retweeted 100 times. Less than… Continue Reading