Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Patents

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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

Design Patents and Trade Dress

Posted in Patents, Registrations, Trade Dress, Trademark Basics, Trademarks
There are several different kinds of intellectual property protection (e.g., trademarks, patents, and copyrights). The borders between the types of protection are not always clear, and it may be that some subject matter is eligible for protection in more than one category. Conversely, it may be that qualifying for protection in one category excludes the… 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

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

Mobile Marking – Trademarks for your App Icon        

Posted in Patents, Trademarks
It seems that everywhere you look, there truly is an “app for that.” New mobile apps are developed daily, ranging from games to highly specialized scientific apps.  But, apps are not limited to tech companies.  Service providers in all kinds of industries are routinely launching apps for their customers, including your bank, your pharmacy, and… Continue Reading

Timing is Everything

Posted in Patents
“The trouble with being punctual is that there`s nobody there to appreciate it.” Franklin Pierce Jones may have said this, but my friends probably feel the same way. Timing does matter, though. This is most recently illustrated in the trademark context by 3PMC LLC v Huggins, Opp. No. 91219982 (TTAB Jul. 24, 2015). Had the… Continue Reading

Arguing Before The Trademark Trial and Appeal Board

Posted in Patents, Trademarks
Today I argued before a three-judge panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”). The TTAB is comprised of twenty-three administrative judges who settle disputes regarding trademark registration.  The disputes can be between two parties who have a conflict regarding rights to register a mark under U.S. trademark laws, or… Continue Reading

MEERKAT: Life On Air’s Trademark Boon or Bain?

Posted in Patents, Trademarks
Tuesday, Phandroid reported that LG Electronics had applied to register MEERKAT in the U.S. for “IP camera; Closed-Circuit Television (CCTV) Cameras; Cameras for surveillance; Photographic apparatus and instruments; Cameras; Webcams; Mobile phones; Smart phones; Application software for smart phones; Application software for smart phone cameras.” Phandroid speculates that this could indicate that LG Electronics plans… 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

Guest Post- A Welcome Message from J Mac and Dr. K

Posted in Firm News, Patents
We (J Mac and Dr. K) have finally gotten settled, and we are so pleased with the intellectual property team Stites has assembled in Tennessee. We miss our old friends and the great attorneys at Waller, and we wish them well as they focus on corporate healthcare takeovers and corporate finance! In the meantime, we’ve… Continue Reading