Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: Brands

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

Good Intentions

Posted in Brands, Trademarks
We are two weeks into 2018. Have you kept your new year’s resolutions so far? If you are like me, you have good intentions, but that may be all you have. If one of your intentions this year is to use a new mark with a good or service (or to begin using an existing… Continue Reading

Genericide of the Fidget Spinner

Posted in Trademark Basics, Trademarks
It seems everywhere I look, I see stores, gas stations, mall kiosks and even boutiques in Gatlinburg selling Fidget Spinners.  Every kid I know has one (or probably more than one).  So is FIDGET SPINNER a type of toy or a brand? If you are not yet familiar with Fidget Spinners, then you must live… Continue Reading

Rebuilding Goodwill

Posted in Trademarks
A week ago last Sunday, millions of Americans watched The Oscars. As everyone now knows, “Moonlight” won the best picture award, but only after “La La Land” was first accidentally announced as the winner. Also, as many people now know, this mistake occurred because an envelope was misdelivered by one of the co-ballot leaders from… Continue Reading

Pat Summitt: A Brand That Lives On

Posted in Brands, Trademarks
  I had nearly completed a blog post that I intended to publish today—a post actually about trademarks, branding, and intellectual property—but, when the news of Pat Summitt’s death broke early this morning, I decided to put it aside and take some time to honor her memory.   Like many athletic girls who grew up… Continue Reading

When Brands Go Bad

Posted in Brands, Trademark Basics, Trademarks
Have you ever looked at a product and thought, “what an awful name”?   If you did, I bet you did not buy that product.  A good name for your business or product is essential to success.  The recipe for finding this golden nugget involves equal parts creativity and research.  On the creative side, you have… 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

The Market is Ripe for Disruptive New Companies

Posted in Brands
Earlier this week Gallup reported that only half of 18 million people it surveyed “believe that the companies they do business with always deliver on what they promise.”  The article also reported that only 38% of respondents were fully engaged brand ambassadors for the companies they were asked about, while 62% of respondents were open… Continue Reading

Rebuilding a Brand: PALM to Rise Again?

Posted in Trademarks
Move over, iPhone and step aside, Blackberry. It looks like we are about to see the revival of the PALM brand for a wireless device.  If you go to the www.mynewpalm.com website, you’ll see this teaser: I hadn’t heard anything about Palm for years. I’d traded in my stylus for the convenient use of my fingertip.… Continue Reading

Stretching Trademark Law

Posted in Trademark Basics, Trademarks
Hi. I’m Mari-Elise, and I’m your newest Trademarkologist. Allow me to quickly introduce myself. My favorite things include practicing trademark law, cooking, University of Louisville athletics, and coffee. Oh, and I LOVE yoga. I’m completely hooked — on Bikram, in particular. For those of you unfamilar with Bikram Yoga, yogi Bikram Choudhury created the “Bikram” style of hot yoga, which… Continue Reading

Build Your Brand With Unique Product Packaging

Posted in Trademarks
When most people think about trademarks, they think about names, slogans, and logos. Product packaging or “trade dress” can also be protected as trademarks as long as it identifies the source or quality of a product. I live in Nashville, Tennessee, and one of the world’s most famous product configurations was developed nearby in Lynchburg,… Continue Reading

Maximize Your Federal Trademark Rights by Filing Early

Posted in Trademarks
In my last post, I discussed how Coca-Cola takes advantage of the tremendous bang for the buck provided by federal trademark registrations by filing frequently. An ordinary can of Coke is protected by no less than 10 federal trademark registrations. Another important lesson that can be learned from Coca-Cola is to file early. There are not… Continue Reading