Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: Trademarks

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

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

The Hand Grenade: Powerful Drink, Powerful Mark

Posted in Uncategorized
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!

Posted in Uncategorized
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

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

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


Posted in Trademarks
As I reflected on Memorial Day, many images came to mind of family and friends who courageously gave their own lives to help protect ours.  They all shared a tremendous sense of pride for their military unit – an extension of their own identity giving rise to a lifetime bond with fellow soldiers.  Military trademarks… 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

Presidential Marks

Posted in Patents, Trademarks
President’s Day is around the corner. It is observed for only 24 hours. But those who aspire to the oval office demand our attention every day until November 9, 2016. So let’s take a look at the marks they are using to communicate with the electorate and the related applications. Jeb Bush. BHAG LLC (a… Continue Reading

Trademarks for Your Body Parts

Posted in Trademarks
Does your look define you?  Is your style or physical appearance your personal trademark?  Trademarks, by definition, can be anything that serves to identify the source of goods or services.  Most trademarks are words or designs, but there are other non-traditional marks as well.  Examples of registered non-traditional trademarks include:     COLOR – like… 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


Posted in Trademarks
Beer can sometimes be described as having a nutty flavor.  Some brands have NUT in the name. But, what if the beer is called NUT SACK?  Is it offensive or humorous? Engine 15 Brewing Co., located in Jacksonville Beach, Florida, is trying to register the trademark NUT SACK DOUBLE BROWN ALE for the name of… Continue Reading

[Expletive Deleted].

Posted in Trademarks
So said the TTAB in a recent non-precedential opinion. In In re Giorgio S.R.L., Ser. No. 79/141,996 the Board affirmed the examining attorney’s refusal to register the mark: on the ground that it is scandalous or immoral and thus precluded from registration under Section 2(a) of the Lanham Act. The case generated three opinions. The dissent would… Continue Reading

LMFAO – Band v. Beer

Posted in Trademarks
The musical band LMFAO is challenging a craft brewery in Michigan called Pigeon Hill Brewing Company over a beer which the brewery named the “LMFAO Stout”.  The term LMFAO is not unique to the band.  That acronym is commonly used in pop culture as a “LOL” variant suggesting laughing one’s hiney off.   The band, comprised… Continue Reading


Posted in Trade Dress, Trademarks
Most of our posts have focused on the trademark rights associated with particular words, but don’t forget to consider what your product looks like and how they are presented to customers.  You can develop separate rights in the look of your product.  Both the shape of a product and a product’s packaging can be protected… Continue Reading