Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Category Archives: Trademarks

Subscribe to Trademarks RSS Feed

Trademarks and Bankruptcy Revisited

Posted in Trademarks
Over a year ago, we wrote about the intersection between trademarks and bankruptcy. Specifically, we described a scenario in which a licensor files bankruptcy and chooses to ‘reject’ the license agreement. Under the Bankruptcy Code, the licensee may continue to exercise its rights (and carry out its corresponding duties) with respect to all intellectual property… Continue Reading

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

Beloved Brand Nicknames

Posted in Brands, Trademarks
One sign of a prominent, strong, and/or beloved brand is a nickname. Consumers sometimes show their affection for their favorite brands by abbreviating them, elongating them, or creating variations of them. On the flip side, sometimes brand owners create their own brand nicknames, perhaps in an effort to manufacture the desired consumer affection. And then… 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

The Golden Knights are one step closer to securing the Stanley Cup and Federal Trademark Registration

Posted in Infringement, Trademarks, Uncategorized
This hockey season, the Las Vegas Golden Knights have been fighting to establish their name in the National Hockey League . . . and with the United States Patent and Trademark Office (USPTO). If you have no idea what I’m talking about, check out my post from January about “The Fight Over the “Golden Knights.”… 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

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

A PR Headache for the CROCK-POT Trademark

Posted in Brands, Trademarks
Fans of the tear-jerking NBC drama This Is Us will be aware of a certain incident with a kitchen appliance that had a big effect on the show’s Pearson family. (Fans who don’t know what I’m talking about and don’t like spoilers should read no further.) Fans already knew that one of the main characters… Continue Reading

The Fight Over the “Golden Knights”

Posted in Brands, Trademarks
Since becoming a Nashvillian a little over a year ago, I’ve fallen in love with a new sport: hockey. Hockey fever is infectious and its contraction was almost unavoidable as the Nashville Predators made it all the way to the Stanley Cup Final for the 2016-2017 season. This year, there is a new team that… Continue Reading