Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Copyright

Subscribe to Copyright RSS Feed


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

Software Licensing and Trademarks

Posted in Copyright, Trademarks
Amy’s Daughter Kathleen Running Proprietary Software I have noticed a new trend in software license agreements.  It is the inclusion of a provision that permits software companies to use the trademarks owned by its customers for its own marketing purposes. Specifically, many software license agreements now include a “license back” of sorts in rights to use… Continue Reading

When Does a Trademark Qualify for Copyright Protection?

Posted in Copyright, Trademarks
My father is an attorney who has practiced law for more than forty years.  Despite his broad legal knowledge and the fact that his only daughter is a trademark lawyer, he continuously interchanges the words “trademark” and “copyright.”  I notice this in others and it reminds me of my time practicing at a firm in… Continue Reading

Lululemon a Warrior in Protecting its Intellectual Property

Posted in Copyright, Patents, Trademarks
Lululemon takes no savasanas when it comes to protecting its intellectual property. If you’ve been following my blog posts, you probably know that I’m a yoga addict. I love wearing Lululemon apparel (and also Zweet Sport apparel!) both on and off the mat. In fact, I’m sitting writing this post in my WUNDER UNDER leggings and SCUBA… Continue Reading

Do You Have a License for that “Roll Tide” Tattoo?- Madden 15 Raises Questions

Posted in Copyright, Trademarks
Today is a monumental day for us Tattooed-Americans. At midnight, EA Sports released Madden 15, and for the first time the game will faithfully render a player’s tattoos. This seems to be a natural progression, given how realistic video games have become. However, the barriers to depicting player tattoos in previous versions of the game… Continue Reading