Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: branding

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

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

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

University Licensing Programs

Posted in Trademarks
Can you believe summer is almost over and students are heading back to school? Already some local high schools have begun their fall semester. And college students will be back on campus soon. When I began my freshman year of college, I promptly purchased a sweatshirt with the university’s name emblazoned across the front. That… Continue Reading

The Brand is Back. PEERLESS is Again Open for Business

Posted in Trademarks
Back in March, TRADEMARKOLOGY reported on how Corky Taylor and his son Carson are bringing back to life the PEERLESS Bourbon brand, a brand previously distilled by Corky’s Great Grandfather, Henry Kraver, prior to the demise of that distillery as a result of Prohibition. For a refresher, click here. During its heyday, the former Kentucky… Continue Reading

Target Launches Lilly Pulitzer Collaboration and Leaves Shoppers Feeling Blue

Posted in Trademarks
Sorority girls were flocking to Target to pick up the pink, neon green, and orange line of the famous Lilly Pulitzer brand, but felt blue instead. Preppy princesses, myself included, were left empty-handed when the 250-piece limited-edition line sold out practically immediately. What’s a girl to do? Clothing items in the Lilly Pulitzer for Target line were priced… Continue Reading

Apple’s Misfortune is KitKat’s Gain

Posted in Uncategorized
Isn’t the saying that “one man’s misfortune is another man’s gain”? Last week, Apple’s misfortune was certainly KitKat’s gain. KitKat capitalized on the “bending flaw” of the new iPhone 6 by tweeting out what’s been deemed the famous #bendgate tweet.   The tweet went viral on social media. In the first 10 minutes, the clever tweet was retweeted 100 times. Less than… Continue Reading

Lucky 13 Not So Lucky For Taylor Swift

Posted in Trademarks
Taylor Swift’s affinity for her lucky number 13 is no secret, so it’s no surprise that she attempted to use LUCKY 13 as a mark. Two years ago, Swift began marketing and selling clothing and accessories under the mark LUCKY 13.  When selecting marks, individuals and companies often choose words, phrases, graphics, or numbers that… Continue Reading