Trademarkology: The Law of the Brand

Trademarkology: The Law of the Brand

Tag Archives: copyright

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

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


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

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

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

Going Bananas for Halloween – Costume Wars

Posted in Trademarks
Are you a Halloweenie? If you are, you value all things Halloween on this spooky day filled with tricks, treats, and… you guessed it – costumes. The National Retail Federation estimates that Americans will spend over $9 billion this year, with about $3.4 billion attributable to costumes. Costumes are big business. The banana costume is… Continue Reading

Conan O’Brien Sued for Stealing Jokes

Posted in Copyright
Conan O’Brien is the target of a civil lawsuit brought by a man who says the comedian stole his jokes. Robert Kasberg claims that he posted jokes on his personal blog and through Twitter that then made their way into Conan’s monolog in a nearly verbatim fashion. One of the jokes: “A Delta flight this… Continue Reading

Software Licensing and Trademarks

Posted in Copyright, Trademarks
Amy’s Daughter Kathleen Running Proprietary Software I have noticed a new trend in software license agreements.  It is the inclusion of a provision that permits software companies to use the trademarks owned by its customers for its own marketing purposes. Specifically, many software license agreements now include a “license back” of sorts in rights to use… Continue Reading

When Does a Trademark Qualify for Copyright Protection?

Posted in Copyright, Trademarks
My father is an attorney who has practiced law for more than forty years.  Despite his broad legal knowledge and the fact that his only daughter is a trademark lawyer, he continuously interchanges the words “trademark” and “copyright.”  I notice this in others and it reminds me of my time practicing at a firm in… 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

Can You Trademark An Invention?

Posted in Trademark Basics, Trademarks
In my last post, I said that one of the first questions we get asked about federal trademark applications is “how much does it cost?” We also often get asked about the differences between trademarks, patents, and copyrights. A trademark protects brand names and logos used on products and services. A patent protects an invention.… Continue Reading