Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

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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

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

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

Hitman Glass Hit With Default Judgment

Posted in Uncategorized
Hitman Glass is in hot water with Starbucks over use of a nearly identical version of Starbucks’ famous logos on a line of glass bongs, t-shirts, and pins. Things really heated up for Hitman Glass when Starbucks was granted a default judgment against the company. Starbucks filed its complaint last June, alleging trademark infringement and false… Continue Reading

Pirates of the Pacific… Northwest

Posted in Uncategorized
This is the year for territoriality issues in trademark disputes. As we reported previously, Bayer and Belmora have locked horns over the question of whether someone who owns a trademark in Mexico (and does not use the mark in the U.S. or own a U.S. trademark registration) could bring an action for false advertising, false… Continue Reading


Posted in Uncategorized
Genericide:  a word that strikes terror in the hearts of any trademark owner or brand manager. What exactly is genericide?  It’s the trademark equivalent of homicide.  It is when a mark becomes so successful and  well known for a given product or service in that it no longer is source identifying.  Rather, the mark identifies… Continue Reading

Curry Scores on Trademark Applications

Posted in Uncategorized
Perhaps Steph Curry should have been paying more attention to basketball rather than capitalizing on his trademark during the NBA finals. While Curry won’t get a payout from winning an NBA title, it looks like he has other business plans up his sleeve. On June 16, the day that the Warriors lost Game 6 to the Cavs… Continue Reading


Posted in Uncategorized
It is summer festival season in Middle Tennessee. Last week, we experienced the CMA Music Festival, followed by Bonnaroo. This coming weekend, the RC Cola and Moon Pie Festival takes place in Bell Buckle, Tennessee. The festival begins with a run in the early morning (to try and avoid the blistering heat). If you’re lucky,… Continue Reading

“Stairway to Copyright Infringement”- Step Two in Spirit’s uphill climb to prove Led Zeppelin’s ‘Stairway to Heaven’ infringes its copyright

Posted in Uncategorized
Trademarkology wants to give a shoutout to our sister blog OP-IP and its recent post on copyright infringement. OP-IP can be found here: We suggest you subscribe. In the meantime, check out Stephen Weyer’s most recent post: Followers of this blog and classic rock fans everywhere with a keen interest in the nuances of copyright… Continue Reading

KYLIE Who? Minogue and Kardashian Claim Rights to KYLIE

Posted in Uncategorized
Two B-list celebrities are battling for rights in the mark KYLIE. Kylie Jenner filed applications to register the mark KYLIE in connection with a large number of goods and services, and, last week, Kylie Minogue has opposed registration to Kylie Jenner’s registration of “advertising services, namely, promoting the brands, goods and services of others; endorsement… Continue Reading

Jeb and Trump Duke it Out Over a Domain

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The Town Hall isn’t the only place Jeb and Trump are fighting this week. Go to See what happens. Surprised to see this: We knew Trump fought dirty, but we didn’t know he fought with trademarks too. If you’re looking to support Jeb!, you now have to visit Someone in camp Jeb! forgot… Continue Reading

What are “Crisps”?

Posted in Trademarks, Uncategorized
England and America are two countries separated by a common language. –George Bernard Shaw How true, how true. Take the word “lift” for instance.  Here in America, that’s what I do when I go pick up my longtime partner and friend, Joel Beres, at his condominium to give him a “lift” to a University of… Continue Reading

It’s Derby Week!

Posted in Uncategorized
As the beautiful Kentucky countryside greens up during springtime, when the Dogwood trees and Azalea bushes are reaching full bloom, it’s time again for one of Louisville’s greatest claims to fame, the KENTUCKY DERBY® . The Derby, for short, is the most famous horse race in North America, if not the world. The Derby is… Continue Reading

The Hillary Clinton Brand

Posted in Uncategorized
Can a name, even a famous politician’s name, serve as a trademark? Any person’s name, without more, is not a trademark. A trademark must serve as a source indicator for goods or services. A person’s name simply identifies a person. It is possible that a person’s name as used in connection with the sale of… Continue Reading