Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: trademark

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

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

Unfair Competition is Such a Headache

Posted in Trademarks
This week, in Belmora LLC v. Bayer Consumer Care AG and Bayer Healthcare LLC, Appeal No. 15-2335 (March 23, 2016), the U.S. Court of Appeals for the Fourth Circuit held that the Lanham Act permits plaintiffs to bring false advertising, false association, and trademark cancellation claims in the U.S., even if those plaintiffs do not… Continue Reading

Trademark Resolutions

Posted in Trademarks
Happy new year! Gone is the old year and with it the tired top ten lists that rehash stale events that occurred months before. This is not a top ten list. It is a top sixteen list! Completely different. These are good resolutions for all trademark owners, and some are inspired by recent trademark cases.… Continue Reading

Indictment of Trademark Scam Operator

Posted in Trademarks
Have you ever received in the mail what appears to be an invoice for trademark-related services you did not request? If so, hopefully you contacted your attorney before paying it. This is the modus operandi of several scam operators who target trademark owners. But now there may be one fewer of these in the marketplace.… 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

Harris Faulkner is Not a Hamster

Posted in Trademarks
As I lay dying of boredom the other day, the news came to the rescue. Harris Faulkner, a Fox News anchor, sued Hasbro, Inc. for false endorsement and unfair competition as well as violation of her publicity rights because Hasbro has created, manufactured, and distributed a toy that bears her name without her authorization and… Continue Reading

.SEX Top Level Domains Now Available – But Why?

Posted in Trademark Basics, Trademarks
On October 5, 2015, ICANN opens the door for trademark owners to register their marks in connection with the new .SEX top-level domain.  This is called a “sunrise” period and permits domain name registrations before the top-level domain goes active. Why would anyone want to register their trademark in connection with the .SEX top level… 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

Stolichnaya® – A Tale of Two Owners

Posted in Trademarks
A Russian pseudo-governmental entity claims that it is the rightful owner of the Stolichnaya trademark and that as a result, U.S. distributors who sell the product are acting in violation of established trademark rights.  The problem arises from the fact that the original owner — the Russian Federation – is no more. Following the collapse… Continue Reading

China Dunks on Michael Jordan

Posted in Trademarks
Michael Jordan has one of the best trademark brands in basketball and is by all accounts a worldwide legend.  But, that didn’t help him prevent a Chinese company from registering multiple trademarks using a similar name and silhouette of a player on athletic shoes. The Chinese company operates as Qiaodan Sports Co, where Qiaodan is… Continue Reading

Domain Names and Trademarks: What If The Domain Name You Want is Unavailable?

Posted in Trademarks
www.YOURTRADEMARKHERE.com Domain names are not trademarks. Like telephone numbers, URL addresses are comprised of a unique string of characters that correspond to particular content on the world wide web. Domain names may include trademarks and many trademark owners are eager to have a domain name that is comprised primarily of their trademark, for obvious reasons. … 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

Kardashians, Caitlyn Jenner, and More Celebrity Trademark Nonsense

Posted in Trademarks
Kendal and Kylie Jenner have filed applications to claim trademark rights in their names with the U.S. Patent and Trademark Office.  The applications for KENDALL JENNER, KYLIE JENNER and KENDALL & KYLIE were filed last month based on an intent to use the marks in commerce in the future. (Does anyone else think it is… Continue Reading

Batman and Rihanna: What happens when an unstoppable force meets an immovable object?

Posted in Trademarks
Found this at a great blog (pirated thoughts), which features all sorts of exciting developments in the world of comic book trademark law.  Rihanna filed a trademark application last summer for her real name “ROBYN” for “Providing on-line non-downloadable general feature magazines.”  The application sailed through the U.S. Patent and Trademark Office and was allowed… Continue Reading

Terrible or Genius? general, international, standard company names and marks (lowercase for emphasis)

Posted in Trademarks
Last month, I wrote about RadioShack being sold off in pieces, potentially separating the trademarks from the goodwill of the business (i.e., trademark homicide). This week, I read that the same hedge fund that purchased most of the stores last month (Standard General, L.P.), has also successfully purchased the trademarks (and your customer data –… Continue Reading