Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Copyright

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Identity Issues: More on Rebranding and Brand Nicknames

Posted in Brands, Copyright, Trademarks
Only three months ago we wrote about rebranding. Just two months ago we wrote about beloved brand nicknames. Then, last month, two companies announced plans to rebrand to abbreviations of their current marks. Coincidence? Probably, but we are going to take the opportunity to revisit those topics anyway. On September 25, 2018, Dunkin’ Donuts announced… Continue Reading

Friendly Foes–Trademark Cease and Desist Letters Are Filled with Humor These Days

Posted in Brands, Copyright, Infringement, Trademarks
A familiar adage teaches that one catches more flies with honey than with vinegar. Without in any way implying that infringers are flies, we can apply this lesson to the trademark context. It seems that trademark attorneys enforcing their clients’ rights have really taken this wisdom to heart in recent years. With increasing frequency, trademark… Continue Reading

Building Brands – LÄRABAR

Posted in Brands, Copyright, Trademarks
Trademarks are everywhere! From the Delta® faucet you use every day, to your favorite Starbucks® treat, and even your favorite G2® ink pen at work (I mean – is there any other acceptable pen?!). Everyone encounters hundreds, if not thousands, of trademarks each and every day! In a boiled down sense, trademarks are just another… Continue Reading

Registration of State Names as Trademarks

Posted in Brands, Copyright, Infringement, Patents, Registrations, Trademarks
Collegiate licensing is a big deal these days. Lots of alumni and fans of college teams want to wear clothing bearing the marks of their alma mater or their favorite team. Colleges commonly register their critical trademarks and license others to produce goods bearing their marks. Sometimes they have to pursue infringers who sell those… Continue Reading

Paraskevidekatriaphobia

Posted in Brands, Copyright, Trademarks
Friday the 13th is once again upon us. The fear of Friday the 13th – paraskevidekatriaphobia – is derived from the Greek paraskevi (Friday), triskaideka (thirteen), and phobia (fear). It has been said that fear of Friday the 13th is the most widespread superstition in the United States today and it has been estimated that… Continue Reading

A Tradition Unlike Any Other® – The Masters® at Augusta National®

Posted in Brands, Copyright, Infringement, Trade Dress, Trademarks, Uncategorized
Hi everyone! You’re favorite Trademarkologist-in-training is back! I apologize for not blogging last month but my husband, Chris, and I were at the 2018 Masters Tournament® in Augusta, Georgia! If that’s not a “get-out-of-work-free card” then I don’t know what is! Tickets to the Masters® have been referred to as some of the toughest tickets… Continue Reading

March! What a month! (Part 1)

Posted in Brands, Copyright, Registrations, Trademarks
No, I’m not going to write about MARCH MADNESS® – that annual ritual of college basketball and the NCAA® basketball tournament. Rather, I’m writing about the crazy winter weather which battered the East Coast with four Nor’Easter storms dumping record snowfall this March. After last week’s Storm Skylar and this week’s Storm Toby, some parts… Continue Reading

Specimen Pilot Program

Posted in Brands, Copyright, Trademarks
The United States Patent and Trademark Office (the “PTO”) has launched a new pilot program designed to ensure that specimens of use submitted to the PTO reflect actual use of the mark in commerce. A mark is “used in commerce” within the meaning of the federal trademark statute (the Lanham Act) when the mark is… Continue Reading

Olympic Marks

Posted in Brands, Copyright, Copyright, Trademarks
The opening ceremonies for the 2018 Olympic winter games take place Friday, February 9, but competition has already begun. In addition to competitions on the ice and slopes, there are competitions among brand owners. Official sponsors of the Olympic games pour lots of dollars into exclusivity, promotions, and advertisements related to the Olympics. And sometimes… 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

Supreme Court to Hear “Offensive” Trademark Case.

Posted in Copyright, Trademarks
Fall is finally here and football season is well underway.  It appears that the clash between free speech and trademark protection is headed to the Super Bowl, but it won’t be the Washington Redskins on the field. The Washington Redskins are still using their same mascots and images despite a court ruling cancelling several trademark… Continue Reading

America’s Prince

Posted in Brands, Copyright, Trademarks
The legal legacy of The Artist Formerly Known as   is impressive; we’ll miss his fabled stories and exploits.  Years ago, we posted about the background dispute behind Prince’s fight with his label that resulted in his name change from Prince Rogers Nelson. But these quirky stories aren’t what I find to be so impressive.  Instead it… 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

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

PECHU SANDWICH: Lettuce, Tomato, Cheese, Chicken – Hold the © and ®

Posted in Copyright, Trademarks
I read an article about a trademark/copyright lawsuit in Puerto Rico over the “Pechu Sandwich” which is a sandwich sold by Church’s Chicken on the island.  There is another interesting article about it in the Washington Post.  The authors of both posts set out the very humorous set of circumstances in which an ex-employee sues the restaurant chain… Continue Reading

Conan O’Brien Sued for Stealing Jokes

Posted in Copyright
Conan O’Brien is the target of a civil lawsuit brought by a man who says the comedian stole his jokes. Robert Kasberg claims that he posted jokes on his personal blog and through Twitter that then made their way into Conan’s monolog in a nearly verbatim fashion. One of the jokes: “A Delta flight this… Continue Reading